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(영문) 인천지방법원 2019.11.08 2019가단11783
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

1. Relevant legal principles

(a) Active damages and passive damages and mental damages suffered by a tort on life or body shall differ in the subject matter of a lawsuit from each other;

(2) In light of the above legal principles, even if a creditor has multiple claims for damages against the same debtor, if the creditor has a separate claim against the same debtor, it constitutes a separate subject matter of lawsuit, and the respective damage claims are different from the initial date of extinctive prescription or the defense that the debtor may assert. Thus, the creditor who claims for the lawsuit must specify the amount of the claim by the damage claim, and accordingly the court must specify the amount of the amount of the claim by the damage claim. This legal principle also applies where the creditor claims only a part of several damage claims.

In addition, in civil procedure, the purport of the claim should be specifically identified so that its contents and scope can be clearly identified, and the issue of whether the claim is specified is a matter to be examined ex officio, and where the purport of the claim is not specified, the court shall order ex officio correction regardless of the defendant's objection, and shall dismiss the lawsuit if it does not comply with it

(Supreme Court Decision 2007Da53785 Decided November 12, 2009, and Supreme Court Decision 2017Da251694 Decided November 23, 2017, etc.) B.

Article 219 of the Civil Procedure Act provides, “In the event of an incidental lawsuit that its defects cannot be corrected, the lawsuit may be dismissed by a judgment without holding any pleadings.”

Furthermore, even if the defect can be corrected, if the court did not correct it even though it ordered the plaintiff to correct it, the above provision shall be applied.

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