채무부존재확인
1. The request for retrial of this case is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (the plaintiff).
purport, purport, and.
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
On July 5, 2012, the Plaintiff filed a lawsuit against the Defendant for the confirmation of the existence of an obligation with this Court 2012Gahap11514, and the said court rendered a judgment dismissing the Plaintiff’s claim on October 22, 2013 (hereinafter “instant judgment subject to a retrial”).
B. The instant judgment subject to a retrial became final and conclusive on November 19, 2013.
2. The Plaintiff asserted a violation of D’s Mutual Savings Banks Act in the instant judgment subject to a retrial, and the Plaintiff’s claim was dismissed on the ground that D’s failure to comply with the summons of witness was insufficient to prove.
However, following the pronouncement of the instant judgment subject to a retrial, D issued a summary order of KRW 7 million on July 2, 2014 due to the violation of the Mutual Savings Banks Act, and the said summary order became final and conclusive on July 2, 2014, there exist grounds for retrial corresponding to “when a confession was made, or a disturbance was obstructed in submitting methods of offence and defense that may affect the judgment” under Article 451(1)5 of the Civil Procedure Act in the instant judgment subject to a retrial.
3. Determination
A. As to the lawfulness of a lawsuit for retrial, the Defendant filed a lawsuit for retrial within 30 days from the date the relevant party becomes final and conclusive, and thereafter becomes aware of the grounds for retrial. On May 2, 2014, the Plaintiff filed a lawsuit for retrial of this case on July 3, 2014 with the knowledge of the issuance of a summary order on May 2, 2014, and accordingly, asserts that the period of release under Article 456(1) of the Civil Procedure Act exceeds the period of release, thereby
However, in the case of paragraph (1) 4 through 7, Article 451 (2) of the Civil Procedure Act, the action for retrial may be brought when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive on the act to be punished, or when a final and conclusive judgment of conviction or a judgment of a fine for negligence cannot be made for reasons other than lack of evidence.