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(영문) 인천지방법원 2016.09.13 2016재나57

손해배상(기)

Text

1. The lawsuit of this case shall be dismissed.

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

Reasons

1. Whether the litigation for retrial of this case is legitimate

A. The Plaintiff filed a lawsuit for retrial of this case with the purport that there was a ground for retrial, such as omitting any judgment on important matters affecting the judgment subject to retrial.

B. A lawsuit for retrial shall be instituted within 30 days from the date when a judgment became final and conclusive, and the grounds for retrial, such as omission of judgment, etc., are deemed to have become known at the time when the party received the original copy of the judgment, barring any special circumstance.

In the instant case, it is evident that the original copy of the judgment subject to a retrial was served on January 19, 2016 on the Plaintiff on January 4, 2016, and the fact that the instant lawsuit was instituted on March 30, 2016, which was 30 days after the lapse of 30 days from the said judgment, is apparent in the record, and thus, the instant lawsuit seeking a retrial, which is ultimately based on the omission of judgment, goes beyond the filing period.

2. According to the conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.