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(영문) 서울서부지방법원 2013. 04. 04. 선고 2012가단10488 판결
적법한 소송상의 청구로 볼 수 없어 위 각 청구는 부적법하므로 각하함[각하]
Title

As such, each of the above claims is illegal because it cannot be seen as a legitimate claim for lawsuit, and thus dismissed.

Summary

The purport of the claim alone is not sufficient to specify the subject matter of the lawsuit, and even if the plaintiff examines the complaint, brief, etc. submitted, each of the above claims cannot be seen as legitimate claims due to lack of appropriate descriptions as to the cause of the claim, and thus dismissed.

Cases

2012 Mada10488 Performance, etc. of the duty to remove and correct the result

Plaintiff

KimA

Defendant

BBS teles et al., three others

Conclusion of Pleadings

March 7, 2013

Imposition of Judgment

April 4, 2013

Text

1. The respective requests for the payment of value-added tax amount of KRW 000, corrective rights, and the obligation to exercise the right of investigation shall be dismissed, respectively, in the case of Defendant BB Content Co., Ltd., andCC, and the primary claims against Korea.

2. The plaintiff's claims against the defendant BB Content Co., Ltd.,CC, and Korea and the remaining claims against the defendant leapD are dismissed, respectively.

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

Purport of claim

The Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 00 and the above amount of KRW 9% per annum from April 26, 2005 to the delivery date of a copy of the complaint in this case, and 20% per annum from the next day to the day of full payment. Defendant BBS companies and DefendantCC shall jointly and severally pay to the Plaintiff the amount calculated by multiplying the amount of value-added tax by 00 won per annum from the day following the delivery date of the copy of the complaint in this case to the day of full payment. Defendant BBS companies shall jointly and severally pay to the Plaintiff the amount of KRW 00 and KRW 20% per annum from the next day to the day of full payment. The amount of KRW 200 per annum from the day after January 25, 2005 and the day after January 25, 2006 to the day of full payment, and each of the registered business operators shall exercise the duty to file revised tax invoices in the name of Nonparty 2, 2005 to the day of full payment.

Reasons

1. Of the main claims in the instant lawsuit, the determination as to each claim for the payment of the value-added tax amount of KRW 000, corrective rights, and the obligation to exercise investigation rights, among the main claims in the instant lawsuit, on the part of the claim for payment of the value-added tax of KRW 00,00

The plaintiff's claim cannot be viewed as a legitimate claim in the lawsuit because it has no appropriate entry as to the cause of the claim, even though the above claim can not be identified solely on the basis of the purport of the claim, and even if the plaintiff's complaint and brief submitted by the plaintiff, etc. are examined. Therefore, each of the above claims is legitimate and dismissed.

2. Claim against Defendant BBT,CC, and Korea, as well as Claim against Defendant AD

The Plaintiff asserts that the Defendants conspired to commit an unlawful act, or did not remove the illegal state caused by the Defendants, thereby causing damage to the Plaintiff. The Defendants seek payment of the money stated in the claim against the Defendants in part. In addition, there is no reason to believe that the Defendants did not specify specific acts or abuse of duties by the Defendants, and thus, did not constitute tort against the Plaintiff. Moreover, even if the Defendants’ series of acts constituted tort, it is insufficient to acknowledge it only by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it. Accordingly, each of the above claims is dismissed on the grounds that there is no reason to deem it otherwise.

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