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(영문) 서울고등법원 2017.05.11 2016나2078357
부당이득반환 등
Text

1. Of the judgment of the first instance, the part against the plaintiffs shall be revoked, and all of the plaintiffs' lawsuits shall be dismissed.

2. The plaintiffs and the plaintiffs.

Reasons

1. According to the reasoning of the evidence Nos. 9-1, 2, and 10 of the evidence Nos. 9-1, 2, and 10 of the evidence Nos. 9-2, and the purport of the entire pleadings and arguments, Plaintiff E applied for a payment order identical to the instant case against the Defendant on December 16, 2014 (Seoul Central District Court 2014: Seoul Central District Court 285328); the original copy of the payment order was served on the Defendant on March 10, 2015; the principal lawsuit (Seoul Central District Court 2015Da526788, Seoul High Court 2016Na2039154, Supreme Court 2017Da202616) against the Defendant on February 17, 2017; and the fact that the complaint of the instant case was transferred to the Defendant on April 206, 2017 (Supreme Court 2006Da361697, Apr. 26, 2017).

Therefore, the instant lawsuit brought by the Plaintiffs on December 30, 2015 falls under the case in which a new lawsuit is brought to the court, and thus, is unlawful.

The defendant's defense pointing this out has merit.

2. In conclusion, the plaintiffs' lawsuit of this case is unlawful and thus it shall be dismissed. Since the part against the plaintiffs in the judgment of the court of first instance is unfair with different conclusions, the part is revoked, and it is so decided as per Disposition by the assent of all of the plaintiffs.

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