logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2011.07.19 2010가단489290
사법방해의부당.위법행위로인한손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As to the defense of this case, the Defendants asserted that the lawsuit of this case should be dismissed due to abuse of right of action, on the premise that the Plaintiff brought a lawsuit against the National Bank, Inc. (hereinafter “National Bank”) in several times on the basis of almost the same factual basis and was sentenced to a judgment of forfeiture for the same reason. However, on the premise of the assertion contrary thereto, the Defendants repeat the same claim against the Defendants of this case against the National Bank, officers and employees of the National Bank and the National Bank, and furthermore, against the Defendants

On July 1, 2002, the fact that the plaintiff's employment contract between the plaintiff and the National Bank is unfair to have the court's decision that the contract term expires on July 1, 2002, leading a series of lawsuits against the executive officers and employees of the National Bank and the National Bank, may be acknowledged by taking into account the descriptions in subparagraph 1 and the whole purport of arguments in subparagraph 1.

However, the Plaintiff’s assertion in this case was brought against the Plaintiff by committing an unlawful act, such as submitting arbitrarily false arguments or evidence, and thus, it is somewhat different from the other cases in which the Plaintiff directly disputed whether the contract of employment was terminated and the judgment against the Plaintiff became final and conclusive. Although there are several cases in which the Plaintiff brought a lawsuit that is identical or closely related to the specific facts alleged by the Defendants in this case, the most cases are still in progress at the first instance court or the appellate court, and thus, it cannot be concluded that the Plaintiff’s filing of the lawsuit against the Defendants constitutes a case where the Plaintiff abused the right to trial against the Defendants to the extent that the right to trial is denied. Accordingly, the Defendants’ defense is rejected.

arrow