(영문) 전주지방법원 2015.10.08 2015가단19256

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(영문) 전주지방법원 2015.10.08 2015가단19256

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the main defense of this case

A. The gist of the Defendant’s assertion: (a) the Plaintiff filed a lawsuit against the Defendant identical to the instant lawsuit with the Jeonju District Court Decision 2013Ga6225, which became final and conclusive after the judgment of dismissal was rendered; and (b) the instant lawsuit constitutes a duplicate lawsuit.

B. Article 259 of the Civil Procedure Act provides that a party shall not institute a lawsuit again for a case pending before the court. Even according to the defendant's assertion itself, the plaintiff filed a lawsuit identical to the lawsuit in this case, but the judgment against the plaintiff was finally affirmed. Thus, the defendant's defense, which is based on the premise that the lawsuit identical to the lawsuit in this case continues to exist in the court upon the completion of the lawsuit, is without merit.

2. Judgment on the merits

A. The summary of the Plaintiff’s assertion was stolen and attempted rice straw worth KRW 500,000,000,000 owned by the Plaintiff around October 208. On November 201, 2012, the Defendant 10,000,000,00 won for the rice straw owned by the Plaintiff, and then duplicating and destroying them into Tex blades, and caused material and mental damage to the Plaintiff. As such, the Defendant should compensate the Plaintiff for the damages incurred by delay.

B. In full view of the purport of the entire pleadings in the statement of evidence Nos. 1 and 2, the Plaintiff filed the same lawsuit against the Defendant with the Jeonju District Court 2013Kadan6225, but was sentenced to a dismissal ruling on July 16, 2013, and the above judgment became final and conclusive. Since the above final and conclusive judgment is deemed to have effect on the same lawsuit, the Plaintiff’s claim of this case inconsistent with the above final and conclusive judgment cannot be accepted without any need to further examine the remainder.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민사소송법 제259조

유사 판례

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