(영문) 수원지방법원 2017.01.11 2016나1400 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2017.01.11 2016나1400

손해배상(기)

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1. Of the judgment of the court of first instance, KRW 17,955,00 per each of the Defendants against the Plaintiff and the Plaintiff’s each of them from June 26, 2009 to June 26, 2017.

Reasons

1. Determination on this safety defense

A. Defendant B’s assertion asserts that since the Plaintiff filed the same lawsuit with the Seoul Central District Court 2016Gahap50419, Defendant B’s assertion that it is unfair.

(b) When the judgment is pending, the parties to the same case shall not institute a lawsuit again.

(Article 259 of the Civil Procedure Act). When a case is pending, where a party files a lawsuit again on the same case, the lawsuit which has been pending later is illegal as it violates the principle of prohibition of double filing.

The criteria for determining the previous and subsequent lawsuits shall be based on the time when the lawsuit is pending, that is, after the time when the complaint is served to the defendant.

The Plaintiff filed the instant lawsuit against the Defendants and served a duplicate of the complaint on July 20, 2013 to the Defendants, and the Plaintiff filed the same lawsuit against Defendant B with the Seoul Central District Court 2016Gahap50419 and served on Defendant B on June 24, 2016.

According to this, the lawsuit of this case is one of the lawsuits that had been pending before time, so it does not go against the principle of prohibition of double lawsuit.

Plaintiff

B’s assertion is without merit.

2. Judgment on the merits

A. Determination as to the cause of the claim 1) Evidence Nos. 2 and 3 as evidence of the evidence of the evidence of the evidence of the defendant C Co., Ltd. Nos. 2 and 3 is presumed to have been established since there is no dispute that the seal of the defendant C Co., Ltd. following the name of the defendant C Co., Ltd. was affixed. The defendants asserted that the plaintiff affixed the seal of the defendant C Co., Ltd. using the fact that the plaintiff was an employee of the defendants, but the evidence submitted by the defendants alone is insufficient to recognize it, and there is no other evidence to acknowledge it. The above assertion by the defendants is without merit. The defendant B established the defendant C Co., Ltd. in around 193 and assumed office as the representative director

참조조문

-민사소송법 제259조

유사 판례

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