(영문) 대전지방법원천안지원 2014.10.22 2014가단11211

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(영문) 대전지방법원천안지원 2014.10.22 2014가단11211

손해배상 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The summary of the defense of this case constitutes not only the subject matter of the lawsuit of this case, but also the case where the lawsuit of this case was abused, and thus, the lawsuit of this case is unlawful, and thus, it is examined as to the purport that the lawsuit of this case is unlawful (the defendants are examined ex officio with regard to the defendants).

Article 249(1) of the Civil Procedure Act provides that a complaint shall state the purpose and cause of the claim.

This is because the existence of a certain right or legal relationship claimed by the Plaintiff by the description of the purport and cause of the claim, that is, the subject matter of the lawsuit, can be tried only when the subject matter of the lawsuit is specified. Although the purport of the claim is specified, a number of claims such as a relative and non-exclusive right can be established between the same parties. Thus, the subject matter of the lawsuit can only be specified in the cause of the claim.

In the instant case, even if examining the overall purport of the pleadings and arguments in light of the Plaintiff’s complaint, application form for modification of the purport of the claim, various evidence and evidence application form, the Plaintiff’s right to seek payment of the money as stated in the primary and preliminary claim, its amount, date, basis for calculating interest rates, right to seek cancellation of registration of the decision of voluntary auction as stated in the primary claim, such as the right to seek cancellation of the registration of the decision of voluntary auction as stated in the preliminary claim, the right to seek delivery of the goods (special lectures), the claim certificate, and the right to seek delivery of each certificate, etc. cannot be specified.

Therefore, the lawsuit in this case is unlawful because the subject matter of the lawsuit is not specified.

C. The claim for a trial as to whether the right of action has been abused.

참조조문

-민사소송법 제249조 제1항

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