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대구지방법원김천지원 2015.08.26 2015가단3064
공사대금 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Around April 2013, the Plaintiff asserted that the Plaintiff entered into a new construction contract with the Defendant for the Young-si Construction Project, and completed that contract and delivered the building to the Defendant on November 10, 2013. Since the Defendant did not pay KRW 23.1 million out of the construction cost, the Defendant is obliged to pay the Plaintiff KRW 23.1 million and damages for delay.

2. According to the overall purport of the statement and pleading as to the legitimacy of the instant lawsuit ex officio, the Plaintiff filed a lawsuit against the Defendant for payment of the construction cost of KRW 39,988,600 under the old-si Construction Contract of Yellow Gatotopian, Seoul, as the court 2014da754, and the damages for delay thereof, and the lawsuit is pending at that time upon arrival to the Defendant on January 25, 2014. The instant lawsuit is pending at that time after the duplicate of the complaint reaches the Defendant on May 8, 2015. The instant lawsuit continues to have arrived at the Defendant on May 8, 2015, and it is obvious that the Plaintiff’s claim was part of the amount claimed in the instant case, and thus, the instant lawsuit is unlawful because it was already pending in the previous lawsuit with the same content, as it goes against the prohibition of duplicate lawsuit under Article 259 of the Civil Procedure Act.

3. It is so decided as per Disposition by the assent of all participating Justices who reviewed the instant lawsuit.

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