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(영문) 서울중앙지방법원 2020.11.25 2020나30155
손해배상(국)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's summary of the plaintiff's assertion was sentenced to 8 months of imprisonment due to tax investigation, etc. that failed to comply with the procedures in the Seocho Tax Office, etc. under the defendant's control, and the plaintiff requested some members of the National Tax Service to point out it in the inspection, etc. of the National Tax Service, but the member did not point out it at the time of the inspection of the state administration by the National Tax Service. This is because the member abandons the affairs delegated by the citizen, and thus, the defendant

2. Determination

A. The defendant's main defense 1) The plaintiff's main argument is that prior to the filing of the lawsuit in this case, the plaintiff has already filed a suit against the defendant against public officials belonging to the Seocho Tax Office for damages (Seoul Central District Court 2019 Ghana 133014) relating to the tax investigation due to the violation of the procedure of public officials belonging to the Seocho Tax Office, and thus the lawsuit in this case should be dismissed as illegal because it constitutes a double lawsuit (Article 259 of the Civil Procedure Act). The principle of prohibition of double lawsuit is not to bring any lawsuit again (Article 259 of the Civil Procedure Act). In order to bring a double lawsuit, the parties to the lawsuit may not bring any lawsuit again against the same case as the case already pending, and the subject matter of lawsuit is identical to that of the previous lawsuit. (B) The lawsuit in the Seoul Central District Court 2019Da133014 (hereinafter referred to as the "previous lawsuit"), and both parties to the lawsuit in this case and the Seoul Central District Court 2016Da2961696960 (hereinafter referred to the lawsuit in this case).

However, the following circumstances, which could be known by the purport of the statement in subparagraph 1-2 and the entire pleadings of subparagraph 1-2, i.e., public officials belonging to the Seocho Tax Office.

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