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(영문) 광주지방법원순천지원 2019.04.18 2018가단7911
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion is the spouse of Defendant B’s birth E, and Defendant C and Defendant B are the married couple, and Defendant D are the children of Defendant B and C.

As the Defendants committed suicide on December 1, 2007, they spread in vain, assault and threatened the Plaintiff that the Plaintiff died, and took property owned by E, and committed unlawful acts, such as cutting off property owned by E.

Since the plaintiff suffered severe mental pain due to these illegal acts by the defendants, the defendants must pay the plaintiff the amount claimed as damages.

2. Res judicata of a final and conclusive judgment extends to the judgment on the existence of legal relations asserted as a subject matter of a lawsuit. Therefore, the same party’s filing of a subsequent suit against the same subject matter of a lawsuit between the parties is not permissible as it conflicts with the res judicata of the final and conclusive judgment in

In addition, in a subsequent suit as to the same subject matter of lawsuit, seeking a judgment inconsistent with the existence or absence of the legal relationship determined in the final and conclusive judgment by asserting the means of offence and defense that existed prior to the closing of argument in the prior suit is contrary to res judicata of the final and conclusive judgment in the prior suit, and whether the parties were negligent in not knowing the means of offence and defense in the prior suit or not.

(See Supreme Court Decision 201Da4981 Decided March 27, 2014, etc.). In full view of the overall purport of the statements and arguments in the evidence Nos. 3 and 4, the Plaintiff filed a claim against the Defendants for damages with the same content as the cause of the instant claim under the court 2016Da7153, however, the Plaintiff was sentenced to dismissal of the judgment on September 9, 2016, and the Plaintiff’s appeal was also dismissed and the judgment became final and conclusive.

Thus, the plaintiff's claim cannot be accepted because the lawsuit in this case is not inconsistent with the res judicata of the above final judgment.

3. Conclusion, the Plaintiff’s respective claims against the Defendants are without merit.

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