1. The instant lawsuit shall be dismissed.

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

Where a party and a lawsuit with the same subject matter of lawsuit are filed differently time, the lawsuit brought later is unlawful because it violates the principle of prohibition of double lawsuit.

In this case, the criteria for determining the judgment of the previous suit and the subsequent suit will be based on the time when the lawsuit is pending, that is, after the time when the written complaint or the written application for modification is served to the defendant.

(See Supreme Court Decision 2010Du7796 Decided November 29, 2012 (see, e.g., Supreme Court Decision 2010Du7796, Nov. 29, 201). Based on the foregoing legal doctrine, the Plaintiff filed a lawsuit against the Defendant for damages claim against Suwon District Court 2015Da8865, which is identical to the subject matter of a lawsuit between the party and the subject matter of a lawsuit. Meanwhile, the Defendant received the duplicate of the lawsuit on April 29, 2015. As the instant lawsuit is recognized that the Defendant received the duplicate of the complaint on March 25, 2016, the instant lawsuit is unlawful as it constitutes a duplicate lawsuit.