beta
Text
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
1. On May 16, 2013, the Plaintiff entered into a contract with the Defendants to transfer the entire amount of 50,400 shares issued by D Co., Ltd. (hereinafter “D”) and its management right to KRW 3 billion (hereinafter “instant share transfer contract”).
However, the Defendants paid 200 million won out of the down payment of 300 million won under the above stock transfer contract, and did not pay the remainder of 2.8 billion won, so the Defendants shall pay the Plaintiff the unpaid transfer price of 2.8 billion won.
2. With respect to Defendant C’s claim for share transfer price, Defendant C filed a separate lawsuit against Defendant C on behalf of the Plaintiff on behalf of the Plaintiff, which is the Plaintiff’s obligee, seeking payment of share transfer price under the instant share transfer contract. Thus, the Plaintiff’s lawsuit against Defendant C on the ground that it is unlawful against the principle of prohibition of double lawsuit.
In a case where a creditor subrogation lawsuit filed against a third-party debtor on behalf of the debtor is pending in the court, and the lawsuit is filed between the debtor and the third-party debtor with the contents that share the subject matter of the lawsuit with the creditor subrogation lawsuit, the latter lawsuit is the same as the lawsuit, and thus, the latter lawsuit is illegal as it violates the prohibition principle against double lawsuit. In this case, the criteria for determining the previous lawsuit and the subsequent lawsuit shall be followed after the date when
(See Supreme Court Decision 91Da41187 Decided May 22, 1992). In full view of the overall purport of the pleadings in each of the statements in the Health Team, Nos. 5 and 7 (including paper numbers; hereinafter the same shall apply) with respect to the instant case, KST Co., Ltd., holding a claim for the return of funds to the Plaintiff amounting to KRW 1.6 billion on October 25, 2013, subject to the order for seizure and sale of stocks issued in D issued by Defendant C around June 2014, 201.