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(영문) 서울서부지방법원 2017.11.28 2017나35117
양수금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

Reasons

1. As to the case pending before the court as to whether the lawsuit of this case is legitimate, the parties shall not institute any lawsuit again;

(1) The court of the first instance of the preceding case affirmed that on May 24, 2006, the plaintiff filed a lawsuit against the defendant for acquisition of the claim (hereinafter "first instance case") against Solomon Mutual Savings Bank (hereinafter "the claim in this case") by asserting that the defendant was transferred the loan claims against the defendant from the National Bank of Korea (hereinafter "the claim in this case"), comprehensively taking account of the health class, Gap 1 through 5, Eul 3 (including each number number), and the purport of the entire arguments. The court of the first instance of the preceding case filed a lawsuit against the defendant (hereinafter "first instance district court 2006Gada172905, hereinafter "the first instance court") and filed a lawsuit against the defendant on May 24, 2006, jointly and severally with the defendant 14,703,67 won and its 5,580,710 won among them, and it is evident that the court of the second instance affirmed the judgment of the court of the first instance 207.16.7.

Therefore, the subject matter of this case, on the premise that the Plaintiff received the instant claim from the Solomon Savings Bank, shall be the same as the subject matter of the prior case, and as long as the prior case is still pending in the court as seen earlier, the instant lawsuit is unlawful as it has been filed in duplicate.

2. Conclusion, the lawsuit of this case is brought.

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