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(영문) 서울서부지방법원 2019.02.14 2018재나93

청구이의

Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. The following facts in the course of the case are significant or apparent in the records of this court:

On July 15, 2010, as Seoul Western District Court Decision 2010Kadan43668, the Plaintiff filed a lawsuit against the Defendant on July 15, 2010 that a notary public signed by D on November 12, 2008 a monetary consumer loan agreement No. 3926, No. 3926, 2008, which was signed by D on behalf of the Plaintiff, requested the Plaintiff to voluntarily act on behalf of the Plaintiff, and thus, the compulsory execution based on the said notarial deed is null and void.

On December 27, 2011, the first instance court rendered a judgment in favor of the Plaintiff that accepted the Plaintiff’s claim and rejected the compulsory execution based on the above notarial deed.

The defendant appealed against this and appealed as Seoul Western District Court 2012Na956, but the appellate court rendered a judgment dismissing the defendant's appeal on September 14, 2012 (the judgment on review).

The Defendant appealed and appealed by Supreme Court Decision 2012Da90030, but on December 27, 2012, the judgment dismissing the appeal was rendered on December 31, 2012, and the original copy of the judgment was served on the Defendant on December 31, 2012.

Accordingly, the judgment subject to a retrial was finally affirmed.

B. (1) The Defendant filed a lawsuit for reexamination on several occasions after the judgment for retrial became final and conclusive, but was rendered a final and conclusive judgment on the ground that it was an unlawful lawsuit for retrial. The final and conclusive appeal based on the result of the instant case on the date of filing a case by which the number of court decisions was rendered was rendered, the Seoul Western District Court Decision 2014Da57167 (Dismissal on November 13, 2014), Seoul Western District Court Decision 2014Na2014Da57167 (Dismissal on November 13, 2014) 2, Seoul Western District Court Decision 2014Na125, December 17, 2014 】 (Dismissal on July 17, 2015) 】 CO3 Seoul Western District Court Decision 2015Da4788, August 17, 2015 】 Seoul Western District Court Decision 2018Da1628, May 16, 2017>