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1. The lawsuit shall be dismissed as to the primary claim added in the trial;
2. Revocation of the judgment of the first instance, and at the trial.
Reasons
1. On October 31, 2014, before the Plaintiff added a lawsuit of demurrer to a claim at the trial of the competent court on April 30, 2015, the Plaintiff filed a lawsuit of demurrer to the primary claim (former District Court 2014DaDa39130) against the Defendant, and the duplicate of the complaint was served on the Defendant on November 10, 2014 and pending a lawsuit is obvious or obvious in the record, and thus, the lawsuit of the primary claim is unlawful as it violates the principle of prohibition of double lawsuit as stipulated in Article 259 of the Civil Procedure Act.
2. Determination as to whether the lawsuit in the conjunctive claim is legitimate
A. A lawsuit for confirmation is permissible when it is the most effective and appropriate means to resolve the dispute, inasmuch as there is apprehension that the Plaintiff’s right or legal status exists in present and is given a judgment of confirmation (see, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006). In a case where the obligor assumes an obligation to the obligee and prepares and executes a notarial deed stating a stipulation on compulsory execution acceptance in relation thereto, and then, in a case where the obligor files a lawsuit for confirmation of existence of the obligation as to the obligation which is the cause of the preparation of the notarial deed without filing a lawsuit for objection to the claim against the notarial deed, if the purpose is solely to exclude the enforcement of the notarial deed, the lawsuit for
(See Supreme Court Decision 2012Da108863 Decided May 9, 2013). B.
On December 16, 2013, the Plaintiff’s joint and several liability based on the instant notarial deed, solely on the ground that: (a) on December 16, 2013, the Defendant was issued a seizure and collection order on the Plaintiff’s wage claim against the Shepler Korea Limited Liability Company as the Jeonju District Court 2013TTTA; and (b) the Plaintiff was either prepared the instant notarial deed or delegated its preparation to the Defendant.