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(영문) 대구지방법원 2020.01.15 2019재나94

민사소송

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On August 29, 2016, the first instance court (Tgu District Court 2016 Ghana 18839) declared that the Plaintiff’s claim was dismissed on August 29, 2016.

B. On August 30, 2018, the appellate court (Tgu District Court 2018Na30463) appealed against the Plaintiff, and the appellate court rendered an appeal on August 30, 2018 that the Plaintiff’s claim for the difference in the Plaintiff’s veterans’ benefits and the appellate court dismissed both the claim for consolation money added at the appellate court. The original copy of the judgment subject to a retrial was served on the Plaintiff on September 4

C. The Plaintiff appealed and appealed. On October 2, 2018, the appellate court ordered the dismissal of the petition of appeal on the grounds that the Plaintiff did not supplement the stamps, and the judgment subject to a retrial became final and conclusive as it is.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s argument that the original judgment is subject to a retrial is as follows.

(1) Cases where a civil or criminal judgment or other decisions or administrative dispositions on which a judgment was based have been altered by a different judgment or administrative disposition.

Article 451(1)8 of the Civil Procedure Act (see Article 451(1)8 of the same Act).

Article 451(1)9 of the Civil Procedure Act (Article 451(1)9 of the said Act).

(4) A judgment based on which a judgment is based shall be subject to the grounds prescribed in Article 451 of the Civil Procedure Act.

(Article 452 of the Civil Procedure Act).

Judgment

1) First, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act are examined. Lawsuits for retrial are instituted within 30 days from the date a judgment became final and conclusive, and the grounds for retrial are known (Article 456(1) of the Civil Procedure Act, and the relevant party is served on the relevant party, barring any special circumstance.