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(영문) 대법원 2017.06.08 2016재다50274

부당이득금

Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff (the plaintiff, the selected party).

Reasons

The grounds for request for retrial shall be examined.

The reason for a retrial lies in the purport that there is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial. However, inasmuch as an argument on the grounds of appeal by the judgment subject to a retrial constitutes a ground for a retrial under Article 451(1)9 of the Act on Special Cases concerning the Procedure for Appeal

(2) In light of the aforementioned legal principles, the lower court determined that the Plaintiff’s petition for retrial was dismissed, and that the Plaintiff’s petition for retrial was dismissed. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench.