1. The instant lawsuit shall be dismissed.

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

Basic Facts

On January 3, 2017, the Plaintiff filed a lawsuit against the Defendant for the payment of the loan amounting to KRW 54,000,000 on July 8, 2015, KRW 10,000 on July 9, 2015, KRW 10,000 on July 13, 2015, KRW 5,000,000 on July 14, 2015, and KRW 54,00,000 on July 22, 2015, and KRW 54,000,000 on the aggregate of KRW 54,00,000 on July 22, 2015, with the cause of the claim against the Defendant (hereinafter “prior lawsuit”), and the duplicate of the complaint of the prior case was served on the Defendant on July 16, 2017.

On January 3, 2017, the Plaintiff filed the instant lawsuit against the Defendant on the ground that “the Plaintiff loaned KRW 24,000,000 to the Defendant on July 9, 2015, KRW 5,000,000 on July 13, 2015, KRW 14,000 on July 14, 2015, KRW 24,000,000 on July 22, 2015,” and the duplicate of the instant lawsuit was served on the Defendant on February 3, 2017.

As of the closing date of the argument in this case, the preceding case is pending in this court.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. The defendant, as to whether the lawsuit of this case is legitimate, asserts that the lawsuit of this case constitutes a duplicate lawsuit on the grounds that the lawsuit of this case and the prior case are the same as the grounds for a claim.

Where a party and a lawsuit with the same subject matter of lawsuit are filed differently time, the lawsuit brought later is unlawful because it violates the principle of prohibition of double lawsuit.

In this case, the criteria for determining the judgment of the previous suit and the subsequent suit will be based on the time when the lawsuit is pending, that is, after the time when the written complaint or the written application for modification is served to the defendant.

(See Supreme Court Decision 94Da12517, 12524 Decided November 25, 1994, etc.). According to the above facts of recognition, the remainder, excluding loans of 30,000,000 won on July 8, 2015, among the preceding cases, are identical to the subject matter of a lawsuit in this case, and thus, the lawsuit of this case constitutes a case in which the lawsuit of this case is pending before the court.

Therefore, the lawsuit of this case is unlawful, and the defendant's defense prior to the merits is justified.