Seoul Western District Court 2012Kadan10488 (2013.04.04)

As such, each of the above claims is illegal because it cannot be seen as a legitimate claim for lawsuit, and thus dismissed.

The purport of the claim alone is not sufficient to specify the subject matter of the lawsuit, and even if the plaintiff examines the complaint, brief, etc. submitted, each of the above claims cannot be seen as legitimate claims due to lack of appropriate descriptions as to the cause of the claim, and thus dismissed.

2013Na31483 Performance, etc. of the duty to remove and correct the result

KimA

○○○○○○○ Co., Ltd. and three other

Seoul Western District Court Decision 2012Gadan10488 Decided April 4, 2013

April 25, 2014

June 20, 2014

1. All of the lawsuits of this case that are changed in exchange at the trial of the political party shall be dismissed;

2. All costs of lawsuit shall be borne by the Plaintiff through the first and second trials.

The judgment of the first instance shall be amended as follows:

The defendants jointly and severally pay 14,00,000 won and 9% interest per annum from October 26, 2004 to the delivery date of a duplicate of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment. The defendant corporation ○○○○○○○○ and Do-si shall jointly and severally perform their obligations under the Civil Act and the Commercial Act, including the obligation to make a revised report (e.g., rescission of an agreement) equivalent to the value-added tax amounting to the value-added tax ○○○○○○○○○○○○○○○○ and Do-si corporation, and the obligation of the defendant corporation to exercise the right of correction (e.g., omission) corresponding to the above (the plaintiff stated in the purport of appeal in the petition of appeal).

1. Determination as to the defendants' claim for payment of money

Then, it is difficult to understand the overall purport of the cause of the claim. However, in collusion with Defendant ○○○○○○○○○○○, a stock company, a △△△, and a leleCC, etc., which caused damages to the Plaintiff or illegal state. The Defendant Republic of Korea seems to seek damages equivalent to the amount stated in the claim against the Defendants by asserting that the Defendants, who was an employee of the Plaintiff, had neglected such damages or illegal state through public officials belonging thereto.

However, this part of the Plaintiff’s claim is unlawful because it is not possible to specify the subject matter of a lawsuit due to the lack of appropriate statement on the grounds of the claim, such as the grounds for calculation of the claim amount and the claim amount.

2. Determination as to each of the remaining claims against Defendant ○○○○○○○○, a stock company, △△△, and Korea

In light of the above, the Plaintiff sought performance of the obligation stated in the purport of the claim against the above Defendants on the grounds as stated in the preceding paragraph. However, it is difficult to specify the subject matter of lawsuit only with the purport of the claim, and even if it is acknowledged that the Defendants committed a tort, such as the Plaintiff’s assertion, it is difficult to immediately deem that the above Defendants have the said obligation, and as such, it cannot be found that there was a general title clause that allows the Defendants to report and correct the above Defendants under the current law, the Plaintiff’s claim for

3. Conclusion

Thus, the lawsuit of this case that is changed in exchange at the trial is unlawful and thus, it shall be dismissed.

(1) The plaintiff shall submit a decision as ordered by the court ( even if the decision may be made on the merits of the order).

The plaintiff's assertion is not proved with the evidence.