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(영문) 울산지방법원 2018.02.06 2017재나542

손해배상(기)

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

Reasons

1. The Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendants for damages by the Ulsan District Court 2014Gaso25613, and the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim on December 16, 2014.

Therefore, the Plaintiff filed an appeal with the Ulsan District Court 2015Na106, but this Court rendered a ruling dismissing the Plaintiff’s appeal on December 30, 2015 (hereinafter “the ruling on review”).

The Plaintiff appealed by Supreme Court Decision 2016Da7463, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on May 27, 2016, and the judgment subject to a retrial became final and conclusive on the same day.

2. Whether the litigation for retrial of this case is legitimate

A. Although the Defendant alleged the Plaintiff’s assertion damaged the Plaintiff’s reputation by making a false broadcast against the Plaintiff, the judgment subject to a retrial did not properly determine the Plaintiff’s assertion by misunderstanding the facts, there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act.

B. (1) A lawsuit for retrial is filed within 30 days from the date a party becomes final and conclusive pursuant to Article 456(1) of the Civil Procedure Act, and the existence of grounds for retrial, i.e., omission of judgment pursuant to Article 451(1)9 of the same Act, can be seen by read the authentic copy of the judgment subject to retrial, barring special grounds. Therefore, it is reasonable to deem that the party was aware of the existence of grounds for retrial at the time of delivery of the authentic copy of the judgment subject to retrial. If a subsequent judgment becomes final and conclusive, the period for filing a

(see, e.g., Supreme Court Decision 92Da33930, Sept. 28, 1993). According to the above legal principle, the facts that the instant case was finalized on May 27, 2016 by health care unit, and that the judgment subject to retrial became final and conclusive on May 27, 2016 are as seen earlier. This part of the grounds for retrial asserted by the Plaintiff was known around the day when

However, 30 days from that time of the Plaintiff.