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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 20, 2008, the Korea Technology Finance Corporation (Korea Technology Finance Corporation) filed a lawsuit against the Defendants as Daejeon District Court 2008Kadan12030, and rendered a judgment on August 20, 208 that “the Defendants shall pay to the Plaintiff damages for delay of KRW 63,034,434 and KRW 18,322,792” (hereinafter “the judgment prior to the instant lawsuit”).
B. On November 12, 2008, the Defendants appealed from the Daejeon High Court Decision 2008Na8070, and the Korea Technology Finance Corporation submitted a written withdrawal of the lawsuit on November 12, 2008 during the appellate trial proceeding. Accordingly, the instant case was finalized on November 13, 2008.
C. Meanwhile, on September 27, 2012, the Korea Technology Finance Corporation transferred a claim based on the judgment in the instant prior suit to the Plaintiff, and at that time notified the Defendants of the transfer of the said claim.
【Ground of recognition】 Evidence Nos. 1, 2, 3, and 1 (including paper numbers) and the purport of the whole pleadings
2. Article 267(2) of the Civil Procedure Act provides that “A person who withdraws a lawsuit subsequent to the final judgment on the merits of the case shall not institute the same lawsuit.” Here, “a person who withdraws a lawsuit” includes a specific successor after the closing of argument.
(See Supreme Court Decision 81Da64, 65 delivered on July 14, 1981, etc.). Then, the Korea Technology Finance Corporation filed a lawsuit against the Defendants against Daejeon District Court Decision 2008Gadan12030 and withdrawn the lawsuit in the appellate court. The fact that the Korea Technology Finance Corporation transferred the claims based on the judgment of the previous suit to the Plaintiff is as seen earlier. Accordingly, the Korea Technology Finance Corporation, as well as the Korea Technology Finance Corporation, and the Plaintiff, a specific successor to the claim based on the judgment of the previous suit, are subject to the prohibition of the second suit. Accordingly, the Plaintiff’s claims against the Defendants based on the judgment of the previous suit.