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(영문) 서울중앙지방법원 2015.07.01 2014재머41

양수금

Text

1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of lawsuit are assessed against the respondent (Quasi-Review Plaintiff and Review Plaintiff).

Reasons

1. The Seoul Central District Court Decision 2013Res. 20 Decided July 25, 2014 (hereinafter “Seoul Central District Court Decision 2013Res. 20), which is the subject of the review of this case, is unlawful in a lawsuit filed against the Res. 1 and 201.

2. The grounds alleged by the respondent (Quasi-Re-Appellant and Re-Appellant) as to this part of the part against the original Orion Deposit Limited Company does not constitute grounds for retrial under any subparagraph of Article 451(1) of the Civil Procedure Act.

3. In the case of a claim for damages, the argument and trial on the merits must be within the scope of the grounds for the request for retrial (Article 459(1) of the Civil Procedure Act). Therefore, the part on the claim for damages in the instant case where no legitimate grounds for retrial exist shall not be subject to deliberation

4. According to the conclusion, the instant lawsuit for retrial is all unlawful and dismissed.