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(영문) 서울남부지방법원 2016.09.01 2016나191
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On November 22, 2010, the Plaintiff, the head of the partnership of the apartment reconstruction project association, is the Plaintiff, and the Plaintiff, the head of the partnership of the apartment reconstruction project association, shall guarantee the payment of the fees when the Defendant concludes a delegation agreement with the limited-liability law firm with respect to the accusation case, and shall pay the fees of KRW 2 million on behalf of the Defendant on November 25, 2010, and thus, the Defendant is obligated to pay the said fees to the Plaintiff.

2. The Defendant’s instant lawsuit is unlawful as it was brought against the same subject matter of lawsuit as the final and conclusive court Decision No. 2012Gais351.

3. Facts of recognition;

A. The Plaintiff filed a lawsuit under this Court No. 2012Gada38351 with the Defendant as a co-defendant, and the Plaintiff paid the attorney fees of KRW 14.3 million including KRW 2 million claimed by the Plaintiff in the instant case on behalf of the Defendant. As such, the Plaintiff asserted that the Defendant is liable to reimburse the Plaintiff.

B. The Plaintiff was rendered a judgment against the Plaintiff on January 21, 2013 in the foregoing case.

On the other hand, the plaintiff appealed by this Court No. 2013Na2394, but on April 23, 2013, the above judgment became final and conclusive after withdrawing an appeal.

[Reasons for Recognition] Facts without dispute, Gap evidence 5, 7 evidence, Eul evidence 4 (including each number), the purport of the whole pleadings

4. Since res judicata of a final and conclusive judgment affects the judgment on the existence of legal relations asserted as a subject matter of a lawsuit, the same party’s filing of a subsequent suit against the same subject matter of a lawsuit between the parties is not permissible because it conflicts with res judicata of the final and conclusive judgment in the previous suit

(2) In light of the aforementioned legal principles, the Plaintiff’s lawsuit and the final judgment against the Plaintiff are identical to the Plaintiff, and the subject matter of the lawsuit is identical to the Plaintiff’s claim for the payment of KRW 2 million fees paid by the Plaintiff on behalf of the Defendant. In light of the aforementioned legal principles, the instant lawsuit and the final judgment against the Plaintiff are related to the instant lawsuit.

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