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(영문) 서울중앙지방법원 2015.11.20 2014가합568600
손해배상(기)
Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is the case where the plaintiff sought compensation for consolation money by asking state liability against the defendant for the reason that the prosecutor who is in charge of the plaintiff's accusation case unfairly detains the plaintiff as a non-prosecution, threatened the plaintiff with an additional criminal charge, thereby creating a false crime, and prosecuted as a concurrent crime.

Whether the lawsuit of this case is legitimate or not, the lawsuit of this case filed by the defendant against the main defense of this case is unlawful as it constitutes a duplicate lawsuit.

Judgment

On May 2, 2013, the Plaintiff filed a lawsuit against the Defendant, who is the same party as the instant lawsuit, claiming the payment of consolation money by asking for State liability based on the same cause of claim as the instant lawsuit, with the Seoul Central District Court 2014Gahap568563 (Seoul Central District Court 2013Gada396706, Seoul Central District Court 2013Gadan5103820, May 2, 2013). On the other hand, the instant lawsuit (Seoul Central District Court 2013GaGa160888, previous Seoul Central District Court 201) was served on the Defendant on June 27, 2013, and the fact that the lawsuit was pending from the time when the complaint was served on the Defendant on June 27, 2013 is apparent.

Therefore, the plaintiff's lawsuit of this case is unlawful because it violates the principle of prohibition of double lawsuit under Article 259 of the Civil Procedure Act, which has already been filed in the same court.

In conclusion, the plaintiff's lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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