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(영문) 대구지방법원 2019.11.21 2019재나56

손해배상(기)

Text

1. The defendant's petition for retrial is dismissed;

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

Reasons

1. Fictitious facts;

A. On October 26, 2017, the Daegu District Court 2017Gais1818, the Plaintiff filed a lawsuit against the Defendant, and the said court rendered a judgment that partly accepted the Plaintiff’s claim.

B. The Defendant appealed as Daegu District Court 2017Na10402, and the Daegu District Court rendered a judgment dismissing the Defendant’s appeal on May 16, 2018.

(hereinafter referred to as the "case subject to review") c.

Supreme Court Decision 2018Da28068 Decided September 7, 2018, the Supreme Court rendered a judgment dismissing the appeal on the grounds of the Defendant’s non-submission of the appellate brief, which became final and conclusive on September 7, 2018.

2. Determination

A. The Plaintiff, at the time of the decision of the above Supreme Court, knew that there were grounds for retrial, and claimed for retrial of this case more than 30 days after the Defendant became aware of the existence of grounds for retrial. Thus, the instant petition for retrial is unlawful.

Domins, the following B.

There is no evidence to acknowledge the existence of the grounds for retrial as stated in the above paragraph, and there is no ground for retrial, and the plaintiff's main defense to the safety is without merit.

B. The Defendant, while filing a lawsuit for a retrial against a judgment subject to a retrial, may file a lawsuit for a retrial on a final judgment that has become final and conclusive, if it falls under any of the following subparagraphs under Article 451(1)6 of the Civil Procedure Act (Grounds for Retrial) (1) of the Civil Procedure Act:

Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.

6. When documents or any other article used as evidence for the judgment has been forged or altered.