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(영문) 서울서부지방법원 2019.06.27 2019나32556
손해배상등
Text

1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

purport, purport, and.

Reasons

According to the records of this case, such as a complaint and petition of appeal filed by the Plaintiff (Appointed Party, hereinafter “Plaintiff”), it cannot be deemed that the cause of this case was specified because it is difficult to clearly understand what facts and legal grounds the Plaintiff filed a lawsuit against the Defendants based on the facts and legal basis. Since the guidance for appeal is unclear, it is difficult to specify the scope of objection to the judgment of the first instance and the subject of the judgment of this court.

Furthermore, the health class and the exercise of the right to trial are regulated by the principle of trust and good faith in order to protect the other party and secure judicial functions.

Unless there are any special circumstances, filing a new claim for the same or similar contents of a claim with the clear reason that it is impossible to accept it by law even though the court has already rejected several times the same or similar cause of claim, shall not be permitted as it abuse the right of lawsuit or the right of appeal, barring any special circumstance.

In the instant case, since around 2009, the Plaintiff continuously and repeatedly filed a lawsuit identical or similar to the cause of the instant lawsuit against Defendant Republic of Korea, G, and H, etc., but all of the claims and claims were dismissed or dismissed due to non-performance of unspecified or security provision, etc., and the appeal and final appeal against them were also dismissed or dismissed, and the final judgment became final and conclusive. Accordingly, the Plaintiff’s appeal against the first instance judgment, which lawfully dismissed the instant lawsuit, constitutes an abuse of the right to appeal, is deemed unlawful.

Therefore, the plaintiff's appeal constitutes an unlawful case where the defects cannot be corrected due to its illegality, and thus, it is so decided as per Disposition by deciding to dismiss it without holding any pleadings pursuant to Article 413 of the Civil Procedure Act.

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