Where the principal lawsuit claiming the performance of the entire claim has been withdrawn after the final judgment has been pronounced, the prohibition of the lawsuit shall be effective.

After a final judgment has been rendered in the lawsuit on the merits demanding the performance of the entire claim filed by the obligor against the garnishee after the obligee was ordered to perform the entire claim, and where the lawsuit has been withdrawn, the prohibition of re-instigation resulting from the withdrawal of such lawsuit shall not extend to the whole obligee.

Article 240(2) of the Civil Procedure Act

Supreme Court Order 68Ma279 Dated April 26, 1968 (Article 561(5) of the Civil Procedure Act, Article 561(5)90 Ka7845 Dated April 26, 1968

South Korean Twiter

The maximum amount of gold

Seoul District Court (88Gahap1930 delivered on July 1, 201)

The judgment of the first instance shall be revoked.

The case is remanded to the Seoul District Court as the North Korean Site.

The judgment of the first instance shall be revoked. (Preliminary Claim and Preliminary Claim)

The defendant shall pay to the plaintiff the amount of 14,00,000 won with five percent per annum from October 22, 1987 to the delivery date of the copy of the complaint of this case, and twenty-five percent per annum from the next day to the full payment date.

The judgment that the total costs of the lawsuit shall be borne by the defendant and the judgment of provisional execution (the preliminary claim was added at the trial).

According to the records, the plaintiff sought payment of the full amount of KRW 14,00,000 among the total amount of KRW 28,700,000 against the defendant in the judgment of the court of first instance on the ground that he received full payment of KRW 28,70,000 against the defendant in the judgment of the court of first instance. The court of first instance rejected the plaintiff's lawsuit of this case on the ground that the court of first instance, the debtor of the assignment order, filed a lawsuit against the defendant, who is the third debtor, claiming the return of the sales contract and the part payment, such as the total amount of the claim, and revoked the lawsuit during the appellate court's final judgment. Since the plaintiff received an order after the closing of argument of the above final judgment, the plaintiff received a full order after the final judgment of the court of first instance, and therefore the plaintiff cannot bring the same lawsuit

Therefore, in light of the whole purport of the pleadings as to whether the lawsuit of this case is lawful, Gap evidence 1, Eul evidence 2, Eul evidence 3 (decision), Eul evidence 1, Eul evidence 1, and Eul evidence 1 (Evidence of Withdrawal of Lawsuit), and the whole purport of the pleading against the defendant's assignment order of 17: 17: 50,000 and 120,000 won of the above ground bricks and houses were purchased from the defendant's 50,00 won, and the above lawsuit of 13,70,70,000 won was withdrawn from the above lawsuit of 10,70,000 won and the above lawsuit of 13,70,000 won was withdrawn from the above lawsuit of 10,70,000 won and the above lawsuit of 20,000 won was withdrawn from the above lawsuit of this case, the plaintiff was not entitled to return the above assignment order of 17,000 won and the above part of the lawsuit against the defendant's above lawsuit of this case.

Therefore, the judgment of the court of first instance, which dismissed the lawsuit of this case as unlawful in violation of the prohibition of re-instigation of lawsuit, is unfair, and thus, the judgment of the court of first instance is revoked pursuant to Articles 386 and 388 of the Civil Procedure Act, and the case is remanded to the Seoul District Court, which is the first instance court, to the North Korea Site.

Judges Go Jin (Presiding Judge)