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(영문) 울산지방법원 2019.11.28 2018재나464

손해배상(기)

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. Although a court of determination as to the legitimacy of a lawsuit seeking a retrial of this case had been dismissed and confirmed through several times for the same reason, it is obvious that the same request for a retrial of this case cannot be accepted by law would result in bullying against the other party, and further, it would be unnecessary to spend judicial personnel, barring any special circumstance. Therefore, such a lawsuit is not permissible as it abuse of power (see, e.g., Supreme Court Decision 2005Da303, Nov. 10, 2005). Thus, it is evident that the Plaintiff filed a lawsuit seeking a retrial of this case against the judgment subject to a retrial of this case over several times (Ulsan District Court Decision 2013Na261, 2013Nana 452, Ulsan District Court 2013Nana 19, 2016Nana 108, and 1017Nana 2013666).

Therefore, there is no special circumstance that the Plaintiff filed a lawsuit in the instant case and should have the right to protection. Thus, the lawsuit in the instant case constitutes an abuse of the right to file a lawsuit, and thus, the lawsuit cannot be allowed.

2. In conclusion, the lawsuit of this case is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.