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(영문) 수원지방법원 2018.08.07 2016가합81266
손해배상등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On January 28, 2016, the plaintiffs filed a lawsuit claiming damages against the defendant on the ground of non-performance of obligation under a contract, etc. against the defendant. Thus, the defendant's defense against the defendant is unlawful in violation of the principle of prohibition of double lawsuit. Thus, on January 20, 2016, the plaintiffs filed a lawsuit against the defendant and C (in the lawsuit of this case, only the items of damages arising from defective construction were added to the items claimed by the plaintiffs in the lawsuit of this case) which contain the same contents as the lawsuit of this case, and the lawsuit of this case is pending in Suwon District Court 2016Ga70709 (hereinafter referred to as "pre-appeal"). The lawsuit of this case was filed on January 25, 2016, which was the date of the filing of the previous lawsuit, and the warden of this case had served on the defendant on February 11, 2016, each of the lawsuit of this case violates the principle of prohibition of double lawsuit of this case under Article 259 of the Civil Procedure Act.

2. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

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