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(영문) 인천지방법원부천지원 2019.10.16 2019가단21332
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Where a party who has received a final and conclusive judgment in favor of the party files a lawsuit for the same claim against the other party to the previous suit which has received a final and conclusive judgment in favor of the party to the previous suit, in principle, the subsequent suit is inappropriate as there is no benefit in the protection

(1) Article 474 of the Civil Procedure Act provides that the Plaintiff may file a claim against the Defendant for payment of KRW 246,08,00,000 in total, including KRW 28,326,324,00,000 against the Defendant and KRW 173,951,588 and KRW 28,810,096 and KRW 15,000,000 in total, and KRW 217,761,684 in September 2016, and KRW 28,326,324 in total, and KRW 246,08,00 in total, and KRW 36,58,00 in Seoul Southern District Court Decision 200, Dec. 3, 2016; the Plaintiff applied for a payment order against Nonparty 2, 2036,364,000 in the instant case where the payment order against the Defendant’s company becomes final and conclusive.

If so, it is so decided as per Disposition by the assent of all participating Justices who reviewed the lawsuit of this case.

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