부당이득금(대여금)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The defendant's type E requested F to escape from North Korea, F requested C to depart from North Korea, and C again requested the plaintiff to enter Korea.
In the process, on December 10, 2009, the defendant prepared and ordered to pay to the plaintiff four million won in return for having the plaintiff enter Korea.
Although the guide employed by the Plaintiff was in the difficult name, the border of the Thailand in China, the issue of Korean entry was not run properly, upon request from G, the Defendant entered Korea with the help of G, and the F paid KRW 3 million received from E to G.
B. The Plaintiff, on December 19, 2009, lent KRW 4 million to the Defendant to the Republic of Korea as well as the Defendant, and accordingly, sought payment of KRW 4 million in return for the Plaintiff’s entry into Korea, and accordingly, filed a lawsuit claiming a loan of KRW 2010 Ghana 91695 at this court. On August 19, 201, the Plaintiff was sentenced to the foregoing court’s dismissal ruling.
(Judgment of the court of first instance).
On April 25, 2012, the Plaintiff lodged an appeal to this court as 201Na32478 against the judgment of the first instance court, and the Plaintiff paid money for the Defendant’s North Korea, and added a claim for restitution of unjust enrichment to the effect that the Defendant prepared and issued a certificate of borrowing that the Defendant would pay KRW 4 million in return, and thus, the Plaintiff shall return it. On April 25, 2012, the Plaintiff’s appeal and the appellate court rendered a ruling dismissing all the Plaintiff’s claims
(subject case of review) d.
As the Plaintiff did not file an appeal, the judgment subject to a retrial became final and conclusive on May 18, 2012.
2. Determination as to the existence of a ground for retrial
A. There are grounds for retrial under Article 451 subparag. 6 and 7 of the Civil Procedure Act in the judgment subject to a retrial by the Plaintiff’s assertion.
B. Determination of Article 451(1)6 of the Act is based on the judgment.