Where a double lawsuit is filed, the relationship between the subsequent lawsuit and the prior lawsuit withdrawn after the final judgment of the first instance has been rendered.

In the case of a double lawsuit, the person who withdraws the lawsuit after a final judgment on the merits has been rendered shall not have to maintain the previous lawsuit after the judgment on the merits of the subsequent lawsuit has been rendered.

Article 240(2) of the Civil Procedure Act

Supreme Court Decision 66Da2663 Decided March 7, 1967

Plaintiff 1 and two others

Korea

Seoul High Court Decision 66Na1884 delivered on April 7, 1967, Seoul High Court Decision 66Na1884 delivered on April 7, 1967

The part against the defendant in the original judgment shall be reversed, and the part against the defendant in the first instance judgment against the defendant shall be revoked.

The above proceedings shall be dismissed.

The total costs of litigation shall be borne by the plaintiffs.

The grounds of appeal by the defendant litigant are examined;

According to the records of the claim for damages and consolation money between the plaintiff 1, 2, 3 and the defendant of the Chuncheon District Court (Seoul High Court 66Na3386 case), which was sent by the ex officio commission of this Court, it is obvious that the lawsuit is a duplicate lawsuit since the principal lawsuit was filed in February 10, 1966, which was pending in the Seoul District Court, and it is obvious that the lawsuit has been withdrawn in the Seoul High Court after the first judgment on the principal lawsuit, and in the case of a duplicate lawsuit, it is obvious that the person who withdrawn the lawsuit after the final judgment on the principal lawsuit cannot file the same lawsuit, the person who withdrawn the lawsuit after the final judgment on the principal lawsuit cannot maintain the previous lawsuit after the judgment on the principal lawsuit was rendered in accordance with the legal principles that the plaintiff cannot maintain the previous lawsuit (Seoul High Court 6Da2663 delivered on March 7, 1967). Accordingly, the plaintiffs cannot maintain the previous lawsuit, and the judgment of the court below cannot be reversed.

Therefore, according to Article 407 of the Civil Procedure Act, it is so decided as per Disposition by all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro