Cases that cannot be viewed as unjust enrichment

Although a person who withdraws a lawsuit after the final judgment was rendered on the merits cannot bring the same lawsuit, it is unreasonable to claim a return of unjust enrichment on the premise that the other party is exempted from the obligations under the substantive law, since the rights under the substantive law are not extinguished, but only the other party cannot bring the performance of obligations.

Article 741 of the Civil Act, Article 240(2) of the Civil Procedure Act

Plaintiff 1 and one other

Korea

Seoul High Court Decision 68Na768 delivered on July 23, 1968, Seoul High Court Decision 68Na768 delivered on July 23, 1968

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the Plaintiffs’ grounds of appeal.

According to the reasoning of the judgment, since the plaintiffs in this case become the plaintiff and the defendant in this case seeking compensation for damages under the State Compensation Act (Seoul High Court Decision 66Na1361 delivered, Supreme Court Decision 66Da2663 delivered, Supreme Court Decision 66Da263 delivered, hereinafter referred to as "the previous suit") and Seoul Civil District Court Decision 66Na3127 delivered, the plaintiff in this case was in a double suit. Since the plaintiff's subsequent suit was withdrawn after the first instance court's decision was rendered on the merits, the previous suit continued to the Supreme Court in this case did not bring the same lawsuit. The plaintiff's appeal was dismissed on the premise that the plaintiff's right to the previous suit was not extinguished due to the error of law in the conclusion of the judgment of the above Supreme Court, and the defendant's appeal was dismissed on the premise that the above part of the judgment which was erroneous in the misapprehension of legal principles as to the previous suit was rejected as a result of the plaintiff's allegation that the above plaintiff's claim was rejected.

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)