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(영문) 서울서부지방법원 2018. 12. 19. 선고 2017가단14102 판결
손해배당 등[국승]
Title

Distribution of damages, etc.

Summary

Judgment without Oral Proceedings

The plaintiff's lawsuit of this case falls under the main sentence of Article 124 of the Civil Procedure Act.

The decision is delivered with the assent of all Justices who reviewed the appeal.

Related statutes

Article 219 of the Civil Procedure Act

Cases

Seoul Western Branch Support 2017 Ghana 14102 Compensation, etc.

Plaintiff and appellant

- Appellants

M

Defendant, Appellant and Appellant

AA

Judgment of the first instance court

Dismissal

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

December 19, 2018

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Cheong-gu Office

It is as stated in the separate sheet of claim.

Reasons

Of the instant lawsuit, the part concerning the claim of money cannot be understood as having been specified in the cause of the claim since it cannot be understood that the Defendants are liable to pay money to the Plaintiff (appointed party; hereinafter referred to as the “Plaintiff”) and the designated parties based on what factual basis and legal basis. The part seeking the understanding of the delivery of goods and the duty to remove the result is unclear, and thus, the claim and the cause of the claim are not specified.

In addition, while the plaintiff was partially replaced by the defendant and filed a lawsuit similar to the lawsuit in this case over several times, the fact that the plaintiff received a new dismissal judgment for reasons of unspecified reasons such as the purport of the claim and the cause of the claim is significant in this court.

Since the lawsuit of this case constitutes an inappropriate lawsuit that cannot correct its defects, it is so decided as per Disposition by deciding to dismiss it pursuant to Article 219 of the Civil Procedure Act.

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