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(영문) 서울고등법원 2015.04.09 2014재나864

손해배상(기)

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

Before determining the Defendant’s grounds for retrial, we examine ex officio whether the litigation of this case is legitimate.

The exercise of the right of a trial is also regulated by the principle of trust and good faith in order to protect the other party and to secure judicial function, and it is evident that the court cannot accept the request for a retrial on several occasions for the same reason that it is evident that it cannot be accepted by law even though it has been rejected due to the same reason, it would result in bullying of the other party, and further makes it unnecessary to use the judicial manpower. Therefore, such a lawsuit is not allowed as it abuse of the right of lawsuit, unless there are special circumstances.

(2) The judgment of dismissal or dismissal has become final and conclusive on May 28, 199; and Supreme Court Decision 2001Du149 Decided April 12, 2002, etc.). The Defendant’s lawsuit repeatedly filed a suit for retrial under Article 451(1)4, 9, or 10 of the Civil Procedure Act, asserting that there exists grounds for retrial as to the judgment subject to retrial under Article 451(1)4, 9, or 10 of the same Act, and that there is a ground for retrial under Article 451(1)4, 9, or 10 of the same Act in relation to the judgment subject to retrial, and thus, constitutes an abuse of the right to file a suit for retrial, and thus, is unlawful in accordance with the legal principles as seen earlier.

Therefore, the suit of this case is dismissed.