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(영문) 제주지방법원 2019.07.15 2019가단1458
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Where multiple lawsuits are filed between the same parties with the same subject matter, the latter is an illegal lawsuit filed in violation of the prohibition principle against double lawsuit, and in this case, the judgment of the previous lawsuit and the subsequent lawsuit shall be based on the date on which the lawsuit is pending.

According to the records, both the lawsuit filed by the plaintiff and the lawsuit filed against the same defendant as the lawsuit claiming the outstanding amount of construction cost in the court No. 2018Ga1574, and all of the lawsuit are subject to the lawsuit "In the case of Jeju, the base date for calculating the outstanding amount of construction cost (70,000,000) claims against the defendant according to the contract for the construction of a multi-family house at the Jeju-si, and damages for delay: Provided, That in the lawsuit of this case, the base date for claiming damages for delay is February 25, 2017. In the lawsuit of this Court No. 2018GaGa1574, Feb. 14, 2018, the delivery date of the original payment order of this Court No. 2018Ga15744, which is the date of delivery of the original payment order, and it does not coincide with the principle of 5% annual interest in the lawsuit of this case."

The defendant's defense pointing this out has merit.

Therefore, the instant lawsuit shall be dismissed, and it is so ordered as per Disposition.

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