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(영문) 인천지방법원 2019.10.24 2019재나41

손해배상(기)

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. In the judgment subject to a retrial by the Plaintiff, the lower court erred by omitting judgment on the important matters affecting the judgment, which are grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

2. Determination

A. On the judgment of the Incheon District Court 2018Na2066, a lawsuit for retrial shall be filed within 30 days from the date the grounds for retrial become final and conclusive after the judgment became final and conclusive (Article 456(1) of the Civil Procedure Act). Barring any special circumstance, it is reasonable to deem that a party becomes aware of the grounds for retrial, such as omission of judgment,

The plaintiff was served on June 7, 2018 by the Incheon District Court 2018Na2066, and on June 22, 2018, the fact that the above judgment became final and conclusive is significant in this court.

Since it is reasonable to deem that the Plaintiff was aware of the omission of judgment, which is grounds for retrial, around this time, the lawsuit filed by the Plaintiff on June 17, 2019, much much much much than 30 days thereafter, is unlawful after the period for filing the lawsuit.

B. On June 12, 2019, the Incheon District Court Decision 2019Jinna10 rendered by the Plaintiff against the Incheon District Court Decision 2019Jinna10, the judgment dismissing the lawsuit for retrial was rendered on June 12, 2019, and the fact that the judgment became final and conclusive on July 2, 2019 is significant in this Court.

According to the records, in this case, the Plaintiff asserts that the Defendant did not comply with the Act on the Management of International Marriage Brokerage, including the provision of personal information in relation to the act of marriage brokerage and the provision of international marriage brokerage contracts, which are the same as the standard terms and conditions of international marriage contract by the Fair Trade Commission, and that the Plaintiff is responsible for compensating for damages caused to the Plaintiff since it failed to prove that the above legal provisions have been complied with. It does not specify specifically whether

On the other hand, in the above Incheon District Court 2019Na10, the plaintiff is also the Incheon District Court 2018Na2066.