Where other creditors have brought a lawsuit based on the subrogation right of a creditor against the same subject-matter of a lawsuit by subrogation while the lawsuit by subrogation is pending, a double lawsuit

If a creditor subrogation lawsuit is already pending in the court, if another creditor of the same debtor files a lawsuit based on the creditor's subrogation right against the same subject matter of lawsuit, the lawsuit which is later pending in time is illegal in violation of the principle of prohibition of double lawsuit.

Article 234 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 155 (Gong1989, 737) (Gong1989, 737) (Law No. 1990, 1147) (Law No. 1990, 1147) and 91Da41187, May 22, 1992 (Gong192, 1968)

[Defendant-Appellee] Plaintiff 1 et al.

Urban Development Corporation in Seoul Special Metropolitan City

Seoul High Court Decision 93Na24232 delivered on September 21, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal by the Plaintiff’s attorney.

If a creditor subrogation lawsuit is already pending in the court, if another creditor of the same debtor files a lawsuit based on the creditor's subrogation right against the same subject-matter of lawsuit, the lawsuit which has been pending later is an illegal lawsuit brought in violation of the principle of prohibition of duplicate lawsuit (see, e.g., Supreme Court Decision 88Meu25274, Apr. 27, 1990).

In this regard, the decision of the court below that the plaintiff's lawsuit of this case was unlawful is just, and the judgment below did not err in the misapprehension of legal principles as to overlapping lawsuits, such as the theory of lawsuit. There is no reason to argue.

Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sik (Presiding Justice)