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(영문) 서울중앙지방법원 2016.05.27 2015재가합62

기타

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The Plaintiff, in the case of Defendant 2, filed a lawsuit against the Defendants (in the case of Dongdong Construction Industry Co., Ltd. prior to the commencement of the rehabilitation procedure, the Defendants infringed the Plaintiff’s copyright and thereby, should compensate the Plaintiff for the Plaintiff’s damages. The Plaintiff filed a lawsuit like the purport of the claim as Seoul Central District Court Decision 2012Da102105.

On April 24, 2014, the above court dismissed the Plaintiff’s lawsuit against the East Asian Construction Industry Co., Ltd. on the ground that the Plaintiff’s claim was exempted, even if the Plaintiff’s claim against the East Asian Construction Industry Co., Ltd. was recognized, the procedure for water leakage and the rehabilitation plan was decided, and the Plaintiff did not report his claim as rehabilitation claim, and thus, dismissed the Plaintiff’s lawsuit against the East Asian Construction Industry Co., Ltd. on the ground that the claim was exempted.

The plaintiff submitted a petition of appeal regarding the judgment subject to a retrial, but the above court ordered the correction within a fixed period of seven days because it did not attach a stamp to the petition of appeal, but the plaintiff requested an extension of the period for supplementation and correction of affiliation with indefinite period, and thus the rejection order was rejected.

For such reasons, the fact that a judgment subject to a retrial became final and conclusive on May 22, 2014 is apparent in records.

2. Article 451(1) main text of the Civil Procedure Act provides that a suit for a retrial may be filed against a final judgment that has become final and conclusive, in cases where the grounds for retrial stipulated in subparagraphs 1 through 11 of Article 451(1) of the Civil Procedure Act concerning the existence of grounds for retrial exist. Therefore, in order to be lawful in filing a suit for retrial,

The plaintiff is against the definition and common sense, and the defendants who make a false statement to the extent of fraud.