채무부존재확인
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The Plaintiff filed a lawsuit against the Defendant regarding the confirmation of existence of the obligation, such as the purport of the claim, as stated in the judgment of the first instance court, which partially accepted the Plaintiff’s claim on February 14, 2014.
B. Accordingly, the Plaintiff and the Defendant appealed as the Gwangju District Court 2014Na3982, and the said court dismissed the Plaintiff’s appeal on April 17, 2015 and rendered a judgment subject to a retrial citing the Defendant’s appeal.
C. On July 29, 2015, the Plaintiff appealed to the judgment subject to a retrial and filed a second appeal with the Supreme Court Decision 2015Da29060, but the said court rendered a judgment dismissing the appeal on the grounds that the appellate brief was not filed within the statutory period. The said judgment became final and conclusive on August 17, 2015.
2. Summary of the Plaintiff’s assertion on the grounds for retrial
A. The Defendant, upon Article 451(1)6 of the Civil Procedure Act, submitted a protocol of execution of the delivery of corporeal movables (Evidence No. 2) as evidence in a lawsuit subject to a retrial. Since the person in charge of preparing the protocol of execution of the delivery of corporeal movables was falsely prepared as “Yaam-gun C’s neighboring site,” there exists a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial.
B. Although the Defendant was aware of the existence of the ground for retrial under Article 451(1)7 of the Civil Procedure Act that Tracter was stored in D Company located in Yongnam-gun F, Yongnam-gun, the Defendant made a false statement that he was unaware of the fact in the lawsuit for the case subject to retrial, there exists a ground for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to retrial.
3. Determination of legality of the litigation of the retrial of this case
A. In the case of Article 451(2) of the Civil Procedure Act, when a judgment of conviction or judgment of imposition of a fine for negligence has become final and conclusive in regard to the act subject to punishment in Article 451(1)4 through 7.