In the case of double lawsuit, withdrawal and termination of lawsuit

Where a lawsuit has been filed twice as the same cause of claim and a lawsuit pending in an appellate trial has been withdrawn and the case has been disposed of as having been concluded, the person who voluntarily withdrawn the lawsuit after the final judgment on the principal has been rendered cannot file the same lawsuit, in accordance with the legal principles that the person who voluntarily withdrawn the lawsuit cannot maintain the previous lawsuit

Article 204 of the Civil Procedure Act

Plaintiff

Korea

Seoul Central District Court (66A3524) in the first instance trial (Supreme Court Decision 66A3524)

Supreme Court Decision 67Da1848 Decided October 31, 1967

The original judgment shall be revoked.

The action shall be dismissed.

The total costs of litigation shall be borne by the plaintiff.

The Plaintiff’s legal representative is demanding that the Plaintiff pay the amount of KRW 1,782,556 and the amount calculated by the rate of KRW 5% per annum from November 21, 1965 to the full payment date.

The defendant litigation performer shall have the same judgment as the order.

The plaintiff's assertion that the non-party, who is a driver of Samsung 2, 75's 70-day Telecommunication Group, had been employed by the 10-day Seoul High School Co., Ltd. for 1965.11.20 .6 .4 6 . 6 . 7 . 6 . 6 . 7 . 6 5 6 . 1 6 . 6 6 . 1 6 . 6 1 7 . 6 5 6 . 6 1 7 . 6 6 . 6 1 6 . 6 1 6 . 6 1 6 5 6 . 6 1 5 7 . 6 1 6 5 6 . 6 1 6 5 6 . 6 1 6 3 7 5 6 . 6 1 6 3 5 6 . 6 3 6 6 3 3 5 6 3 3 . 1 6 3 . 3 6 6 3 . 3 3 6 1. 3 1. 3 1. 1. 3 1. 1. 1. 2 3 3 3 . . . 1. 2

However, according to the forwarding record, the plaintiff filed a double lawsuit with the Busan District Court on May 24, 1966, which was later than April 11, 1966, on which the plaintiff filed a lawsuit in this case with the Seoul District Court of the first instance (the Busan District Court 66Ga1620), and the Busan District Court rendered a judgment in favor of the plaintiff on July 19, 19 of the same year, it can be known that when the plaintiff was declared partially favorable on July 19, 19 of the same year, the plaintiff's appeal was withdrawn from the Daegu High Court and the case was terminated on May 19, 1967. In this case, the person who withdrawn the lawsuit after the final judgment on the merits was rendered cannot file the same lawsuit, and then the person who withdrawn the lawsuit cannot maintain the previous lawsuit after the judgment on the merits

Therefore, since the plaintiff's main claim is inappropriate, the lawsuit shall be dismissed, and since the original judgment differs from the party members, it is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act with respect to the burden of litigation costs, which has been revoked in accordance with Article 386 of the same Act.

Judge Lee Tae-sung (Presiding Judge)