beta
(영문) 서울고등법원 2016.12.01 2016나2038489

기타

Text

1. All appeals by the Plaintiff (Plaintiffs) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Plaintiff).

Reasons

1. The following facts are clearly recorded in the judgment subject to a retrial:

As Seoul Central District Court 2012Gahap102105, the Plaintiff filed a lawsuit claiming the payment of each money stated in the purport of the claim by asserting that the Defendants should compensate for the Plaintiff’s damages as they infringed the Plaintiff’s copyright.

[Provided, That the manager G of the defendant rehabilitation company Dong Construction Industry Corporation (hereinafter referred to as "the defendant management manager") is the defendant management manager.

In the case of a rehabilitation proceeding, “Dong Building Industry Co., Ltd.” (hereinafter referred to as “Dong Building Industry”) prior to the commencement of the rehabilitation proceeding.

(B) A lawsuit was filed with the Defendant.

On April 24, 2014, the foregoing court rendered a judgment for a retrial with respect to the Plaintiff’s claim against the building industry on the following grounds: (a) even if the claim for the Plaintiff’s building industry is recognized, the decision for commencing rehabilitation procedures and the approval for rehabilitation plans was made for the said company; (b) the Plaintiff’s claim against the Defendant Republic of Korea and the Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Korea Ltd. (hereinafter “Defendant Korea Korea Korea Korea Korea Korea”) was dismissed on the grounds that there is insufficient evidence supporting the Plaintiff’s claim.

C. The Plaintiff submitted a petition of appeal regarding the judgment subject to a retrial, but the said court failed to attach stamps to the petition of appeal, thereby ordering the correction within a fixed period of seven days.

However, as the plaintiff filed an application for an indefinite extension of the period of recognition and correction, the appeal order was rejected, and the judgment subject to a retrial became final and conclusive on May 22, 2014.

2. Summary of the plaintiff's assertion

A. The judgment subject to a retrial is accepted only by the unilateral assertion by the Defendants, and is against justice and common sense, and is therefore erroneous in the misapprehension of legal principles, and the Defendants purchased judges who participated in the judgment subject to a retrial.

(1) In particular, the Korea Legal Aid Corporation shall belong to the plaintiff representing the plaintiff.