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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Of the instant lawsuit, the determination on the legitimacy of the lawsuit seeking monetary payment against the Defendants is ex officio as to whether the said lawsuit is lawful or not.
The Plaintiff stated that the Plaintiff’s claim for the payment of money was part of the claim by asserting that there was an act of processing and selling, fraud, embezzlement, disguised transaction, creation of funds, etc. through the complaint, preparatory documents, etc., the details of the deposit and withdrawal of money related to the Defendants, the Plaintiff’s bank account, etc., and that there was an act of creating funds, etc., and it did not specify the amount of partial claim by each damage claim as alleged by the Plaintiff.
If the subject matter of a lawsuit is not specified, the court shall not specify the subject matter of a trial or determination and the scope of the effect of a trial, and any lawsuit against it is illegal.
As seen earlier, the Plaintiff asserted that there was an act of processing, fraud, embezzlement, disguised transaction, and raising funds without specifying the specific act by the Defendant. However, it is difficult to view that the subject matter of a lawsuit has been specifically specified on the grounds that the Defendants did not clarify who are the obligors, how the Defendants are involved in each damage claim claimed by the Plaintiff, what are the grounds for responsibility, and what are the grounds for the Defendants’ joint and several liability.
In addition, even though a creditor has several damage claims against the same debtor, so long as the damage claims are separate claims that differ from the time when the damage claims accrue and the cause thereof, they constitute separate objects of lawsuit. Since the damage claims may differ from the initial date of extinctive prescription or from the defenses that the debtor may claim, the creditor who seeks to bring a lawsuit must specify the amount of the claim by each damage claim.