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(영문) 제주지방법원 2016.07.12 2015재가단1007

물품대금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

Reasons

1. Basic facts

A. On March 27, 2015, the Plaintiff filed a lawsuit against the Defendant and A seeking payment of goods (2015da4206) with the Jeju District Court (hereinafter “instant judgment subject to a retrial”), and the Jeju District Court rendered a judgment on July 14, 2015 that “the Defendant shall jointly and severally with A pay to the Plaintiff 116,120,860 won and the amount calculated by the rate of 20% per annum from June 5, 2015 to the date of full payment” (hereinafter “instant judgment subject to a retrial”), and the said judgment became final and conclusive on August 1, 2015.

B. On October 13, 2015, the Defendant, based on the executory exemplification of the instant judgment subject to a retrial that became final and conclusive at the Jeju District Court, perused and copied the instant judgment subject to a retrial, etc. on October 27, 2015 by filing an application for perusal and duplication of the application for a compulsory auction on the real estate owned by the Defendant (D), and on October 27, 2015.

【In the absence of any dispute over the grounds for recognition, Gap evidence 4, Eul evidence 6, the fact-finding results and the purport of the whole pleadings in the Jeju District Court.

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

A. The defendant's assertion that the defendant filed a lawsuit as if he knew that the plaintiff was residing in a residential container that was located behind the building in Seopo-si, Seopo-si, the actual domicile of which is not the domicile of the defendant, and that he did not know it, and not only received the judgment subject to a retrial but also omitted the judgment as to whether the defendant jointly and severally guaranteed the defendant's obligation to pay for the goods to the plaintiff. Thus, the judgment subject to a retrial of this case contains grounds for retrial under Article 451 (1) 9

B. A lawsuit for retrial shall be brought within 30 days from the date the relevant party becomes aware of the grounds for retrial after the judgment became final and conclusive.

(Article 456(1) of the Civil Procedure Act); and