1. The instant lawsuit shall be dismissed.

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

1. The defendant asserts that the lawsuit of this case is unlawful because the plaintiff is still pending in the lawsuit by filing an objection suit with the same content as the lawsuit of this case.

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 depend on the time when the lawsuit is pending, that is, after the time when the complaint was served on the defendant.

(2) The Plaintiff filed a lawsuit against the Defendant on April 25, 2016, which is identical to the purport of the instant lawsuit (the filing date of the instant lawsuit) pursuant to the foregoing legal doctrine, on November 25, 1994 (see, e.g., Supreme Court Decision 94Da12517, Nov. 27, 191). The Plaintiff filed a lawsuit against the Defendant on April 25, 2016, which is prior to the filing of the instant lawsuit; and the warden of the instant case, on May 24, 2016, served on the Defendant on May 24, 2016, which was prior to the filing of the instant lawsuit, may be recognized if there is no dispute between the parties, or if the purport of the entire pleadings in the entries in subparagraphs 1 and 2, which

According to the above facts, the lawsuit of this case is deemed to have been filed later in time as the lawsuit of objection to the case of Suwon District Court 2016da17695, which is already pending in the lawsuit, and the lawsuit of this case is filed later in time as the parties and the parties are the same. Therefore, it constitutes

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.