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(영문) 울산지방법원 2012.04.05 2011재나151

손해배상(기)

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

Reasons

1. According to the records of this case’s judgment subject to a retrial, the following facts may be acknowledged:

On February 25, 2010, the Plaintiff filed a lawsuit against the Defendant for damages claim against the Ulsan District Court 2010 Family Court 2010 Family Court 1371, and was sentenced to a judgment against the said court on July 20, 2010.

B. Accordingly, the Plaintiff appealed as the Ulsan District Court 2010Na4585, and the appellate court rendered a judgment against the Plaintiff on April 21, 2011 on the grounds that “Ulsan District Court 2001Da138397, 2002Na1901, Supreme Court 2002Da59078, Ulsan District Court 2002Da59078, Ulsan District Court 2005Na82, 2009NaNa158, and there is no objective evidence to prove that a judge committed any unlawful act at the time of the litigation (re-adjudication).” The above judgment became final and conclusive on May 12, 2011.

2. The plaintiff, as to the legitimacy of the suit for retrial of this case, dismissed the plaintiff's claim due to misunderstanding of facts that the judgment subject to retrial was subject to retrial, and thus, there is a ground for retrial that constitutes "when the judgment was omitted on important matters affecting the judgment" under Article 451 (1) 9 of the Civil Procedure Act.

However, the grounds cited by the Plaintiff as the grounds for retrial of this case are merely that the instant judgment subject to retrial did not recognize the Plaintiff’s assertion, and cannot be deemed to constitute grounds for retrial under Article 451(1)9 of the Civil Procedure Act. Thus, the instant lawsuit for retrial is unlawful.

3. Thus, we decide to dismiss the lawsuit of this case for retrial.