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(영문) 대구지방법원 김천지원 2021.03.18 2020가단34444
채무부존재확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Criteria for determination

A. The purport and cause of the claim must be clearly stated in a civil suit (Article 249(1) of the Civil Procedure Act). In particular, the purport of the claim is a standard that ensures the identity of the subject matter of lawsuit, and the court must judge the scope of the claim under detention by the party’s right of disposition, so that the form, content and scope of the claim can be clearly identified, and the cause of the claim must be stated to the extent that at least the subject matter of lawsuit can be specified.

In particular, in the lawsuit of confirmation, in the event that the non-exclusive rights and obligations are subject to the confirmation, there may exist several kinds of rights with the same content between the same parties depending on different causes, unlike the case of seeking the confirmation of real rights.

B. In addition, where the purport of the claim is not specified as a matter of ex officio investigation, the court shall ex officio order the Plaintiff to correct it, and where no defect is corrected within the specified period, the court shall dismiss the complaint by order (Article 254(1) and (2) of the Civil Procedure Act). In addition, where a lawsuit is pending due to the delivery of a duplicate of the complaint to the Defendant, the lawsuit must be dismissed by judgment (see Supreme Court Decision 201Da11459, Mar. 13, 2014).

B. A. Even if the Plaintiff newly submitted a written statement stating the purport of the claim and the cause of the claim as to the court’s order of correction, the purport of the claim and the cause of the claim are still specified solely by the content written in the document.

If it is difficult to see it, it is equally subject to an order to dismiss a complaint (see, e.g., Supreme Court Order 2017Ma5609, Oct. 13, 2017; Supreme Court Order 20286, Jun. 16, 2017; Supreme Court Order 2017Ra20286, Jun. 16, 2017; Seoul High Court Order 21479, Dec. 19, 2016).

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