It is inappropriate for the parties and the same subject matter of lawsuit to constitute a duplicate lawsuit.

The lawsuit of this case is a lawsuit for return of unjust enrichment that is already pending in the lawsuit and a lawsuit that is brought later at the time with the same time as the parties and the parties. Therefore, it is inappropriate to constitute a duplicate lawsuit.

Seoul Northern District Court 2016Kadan36628 Return of Fraudulent Gains

Maap○

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May 30, 2017

June 20, 2017

1. The instant lawsuit shall be dismissed.

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

Cheong-gu Office

The defendant shall pay to the plaintiff 2X, a trade-level, a trade-level, a trade-level, and a trade-level worker at the rate of 5% per annum from XX. to the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the full payment date.

1. Determination ex officio as to the legitimacy of the instant lawsuit

Where a party and the same subject matter of a lawsuit are filed with different time, the lawsuit which is later filed is unlawful because it violates the principle prohibiting double lawsuit. In such cases, the criteria for identifying the prior suit and the subsequent suit will follow the time when the lawsuit is pending, i.e., the time when the complaint was served on the defendant (see, e., Supreme Court Decision 94Da12517, 12524, Nov. 25, 1994).

According to the above legal principle, the plaintiff et al. filed a lawsuit against the defendant on X. 201 X. 201 X. 200,000,000,000 before filing the lawsuit of this case (the plaintiff's claim in the above case is 'the defendant's claim in the above case is 1 XX, 2016-Ma24298,000,000,000 won per annum 5% from the date of delivery of a copy of the complaint in this case to the date of complete payment, and 15% per annum from the next day to the date of this case's delivery of a copy of the complaint in this case, 'the defendant's claim in this case is 'the defendant will pay to the plaintiff 1 XX,000,000,000,000,0000,0000,0000,000,0000,000,000,000).

According to the above facts, the lawsuit in this case is deemed to have been filed later at the time as the lawsuit in Seoul Northern District Court 2016Da24298, which had already been pending in the lawsuit, and the lawsuit in this case is identical to the lawsuit in which the parties and the subject matter of lawsuit are identical, and thus, it is unlawful

2. Conclusion

Since the lawsuit of this case is unlawful, it is decided to dismiss it and it is so decided as per Disposition.