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(영문) 울산지방법원 2019.10.17 2019재나65

대여금

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. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

On November 4, 2013, the Plaintiff loaned KRW 2,00,000 to the Defendant on February 19, 2012 (or October 30, 201), and KRW 1,500,000 (or May 19, 2012), and the Defendant is obligated to return the above loan to the Plaintiff, and the Plaintiff requested the return of the above loan to the Plaintiff around December 12, 2012 (or October 10, 2013). Since the Plaintiff reported to the police and infringed on the Plaintiff’s human rights, the Plaintiff filed a lawsuit claiming the payment of KRW 500,000 as compensation for damages with the Defendant, the court dismissed the Plaintiff’s claim as the Plaintiff’s claim as the Plaintiff’s claim for reimbursement of damages with the U.S. District Court’s order.

B. The Plaintiff appealed against it and filed an appeal with the Ulsan District Court 2015Na526, and the above court rendered a judgment dismissing the Plaintiff’s appeal on December 30, 2015 (hereinafter “the subject judgment on review”), and the Plaintiff appealed to Supreme Court 2016Da5610, but was dismissed on May 12, 2016, which became final and conclusive on May 16, 2016.

2. The lawsuit for a retrial on the final judgment that became final and conclusive as to the legitimacy of the lawsuit for retrial of this case is permitted only when there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, the lawsuit for retrial instituted on the ground that

(See Supreme Court Decision 87Da24 delivered on December 8, 1987, etc.). The gist of the Plaintiff’s grounds for the request for retrial is that, as the judgment subject to retrial is erroneous by mistake of facts and misapprehension of legal principles, the judgment should be revoked and the judgment shall be rendered upon the Plaintiff’s request.

The plaintiff is against the plaintiff.