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(영문) 서울남부지방법원 2018.11.16 2018재나18

임금

Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

Before determining the grounds for retrial of the Plaintiff, we examine ex officio whether the litigation of this case is legitimate.

The exercise of the right of a trial is also regulated by the principle of trust and good faith in order to protect the other party and to secure judicial function, and it is evident that the court cannot accept the request for a retrial on several occasions for the same reason that it is evident that it cannot be accepted by law even though it has been rejected due to the same reason, it would result in bullying of the other party, and further makes it unnecessary to use the judicial manpower. Therefore, such a lawsuit is not allowed as it abuse of the right of lawsuit, unless there are special circumstances.

(1) The Plaintiff filed a suit for retrial under Article 451(1)1 or 9 of the Civil Procedure Act against a judgment subject to retrial (see, e.g., Supreme Court Decisions 98Da275, May 28, 1999; 2001Du149, Apr. 12, 2002). The Plaintiff asserted that there exists grounds for retrial under Article 451(1)1 or 9 of the Civil Procedure Act in relation to the judgment subject to retrial, and that there are grounds for retrial under Article 451(1)1 or 9 of the same Act, and that there is grounds for retrial in relation to the judgment subject to retrial, and that there is no special circumstance that the Plaintiff’s dismissal of the right to the instant judgment becomes final and conclusive, and thus, the Plaintiff’s dismissal of the right to the instant judgment is unlawful in light of the aforementioned legal principles.

Therefore, the suit of this case is dismissed.