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(영문) 수원지방법원 2017.04.13 2016재나85

손해배상(기)

Text

All applications for retrial and quasi-deliberation of this case shall be dismissed.

Costs of appeal for retrial and quasi-adjudication shall be assessed.

Reasons

1. Determination as to the petition for quasi-deliberation of this case

A. Plaintiff’s assertion 1) On June 23, 2015, Suwon District Court 2015 or 26, the part of the order to dismiss the petition of appeal was dismissed on June 23, 2015, the Plaintiff: (a) issued an order to dismiss the petition of appeal with the appellate court 2015 or 26; (b) on June 10, 2015, the presiding judge issued an order to dismiss the petition of appeal with the delivery fee and stamp payment for the order of correction on June 10, 2015; (c) on the ground that the aforementioned order of quasi-deliberation was not subject to grounds for retrial 201(1)9 of the Civil Procedure Act; (d) on October 13, 2014 or 107, the lower court rejected the above order of dismissal on October 13, 2014 or the order of dismissal on the witness’s allegation 201 or 2015.14 of the case.

There is a ground for quasi-deliberation which corresponds to “when a judgment on important matters that may affect the judgment is omitted” under Article 451(1)9 of the Civil Procedure Act.

B. On June 23, 2015, Suwon District Court Decision 2015Na26, the part of the order to dismiss the petition of appeal filed on June 23, 2015, and Articles 425 and 399 of the Civil Procedure Act did not attach stamps under the provisions of the law to the petition of appeal, the presiding judge of the original judgment shall be the appellant.