채무부존재확인
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
1. On July 22, 2009, the Plaintiff filed a lawsuit against the Defendant seeking non-existence of insurance claim based on an insurance contract between the Plaintiff and B as Seoul Southern District Court Decision 2007Da9350, and was sentenced to the judgment of the first instance on July 22, 2009. The Defendant’s objection and appealed as Seoul Southern District Court 2009Na8463, the appellate court dismissed the Defendant’s appeal on the ground that the instant accident does not fall under the injury accident guaranteed under the insurance terms and conditions, and that the medical disorder occurred to the Defendant after the instant accident does not fall under “when two snow distances exist,” the payment rate of the insurance proceeds under the insurance terms and conditions, and thus, the appellate court rendered a judgment dismissing the Defendant’s appeal.
(hereinafter “The Judgment on Review”). The Defendant appealed against the judgment subject to review and appealed by Supreme Court Decision 2010Da62994, but on October 28, 2010, the judgment subject to review became final and conclusive as the dismissal of appeal was sentenced on October 28, 2010.
[Reasons for Recognition] The substantial fact in this Court
2. Determination as to the existence of a ground for retrial
A. The defendant's assertion asserts that there exists a ground for a retrial under Article 451 (1) 6 of the Civil Procedure Act in the judgment subject to a retrial, since the insurance subscription form (Evidence A 1) used as evidence in the judgment subject to a retrial was forged by G, an insurance solicitor, using the name of B without permission.
B. We examine the judgment, and Article 451(1)6 of the Civil Procedure Act provides that “when documents and other articles used as evidence of the judgment have been forged or altered,” the grounds for retrial are stipulated as follows. Meanwhile, in the case of Article 451(1)4 through 7 of the Civil Procedure Act, a lawsuit may be brought in a retrial only when a final judgment of conviction or judgment of imposition of a fine for negligence has become final and conclusive for the act subject to punishment, or when a final and conclusive judgment of conviction or judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.”
Therefore, the Civil Procedure Act.