Cases in violation of the prohibition of double filings

ex officio, the Plaintiff filed a double lawsuit as the same cause of claim with the court of Eul, and the court of Eul rendered a judgment of winning part of the Plaintiff's appeal. The Plaintiff, while continuing to the court of Byung as the Defendant's appeal, could have known that the lawsuit was withdrawn and the case was settled. Thus, the Plaintiff again rendered a judgment of winning the Plaintiff's appeal without detecting this fact.

Article 234 of the Civil Procedure Act

Plaintiff

Korea

Seoul High Court Decision 66Na2695 delivered on July 20, 1967

The part of the original judgment against the defendant shall be reversed.

The case is remanded to Seoul High Court.

In light of the records of this case ex officio, the plaintiff filed a double lawsuit with the Seoul District Court of the first instance on April 11, 1966, which was later than 5.24 Busan District Court of the same year (the Busan District Court 66Ga1620), and the Busan District Court of the same year rendered a judgment of winning part of the plaintiff on July 19 of the same year, the plaintiff continued to be a defendant's appeal with the Daegu High Court 66Na652, and the case was terminated after the withdrawal of the lawsuit and the case was terminated. Thus, the court below did not err in the misapprehension of the judgment of the court below on July 20, 1967 without finding the facts. Thus, the part against the defendant in the original judgment should not be exempted from the reversal without explaining the grounds of appeal by the defendant performer.

Therefore, it is so decided as per Disposition by the assent of all participating Justices, in accordance with Article 406 (1) of the Civil Procedure Act.

Judge Do-dong (Presiding Judge) of the Supreme Court