(영문) 울산지방법원 2014.10.30 2014재나46

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(영문) 울산지방법원 2014.10.30 2014재나46

대여금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a claim against the Defendant for a loan with the U.S. District Court 2012Gau52079, but the said court rendered a ruling dismissing the Plaintiff’s claim on February 5, 2013, and the Plaintiff appealed with the same court 2013Na997. However, the said court rendered a ruling dismissing the Plaintiff’s appeal on August 21, 2013 (hereinafter “the judgment subject to a retrial”). The fact that the said judgment became final and conclusive on September 10, 2013 due to the Plaintiff’s failure to file an appeal is obvious or obvious to this court’s records.

2. The Plaintiff: (a) lent to the Defendant the amount of KRW 2 million on March 26, 201; (b) KRW 20 million on April 20, 201; and (c) KRW 20 million on August 19, 201, respectively; and (b) the Defendant only received loans from the Defendant on April 20, 201 and loans from August 19, 2011; and (c) accordingly, the Defendant claimed the principal and interest accrued on the unpaid principal and interest on the loans from the Defendant; (d) however, the judgment subject to a retrial was deemed to have become final and conclusive all of the loans from the Plaintiff, and the Plaintiff did not accept the Plaintiff’s false assertion that all the above documents were forged. In such judgment subject to a retrial, Article 451(1)9 of the Civil Procedure Act asserts that there was a ground for retrial under Article 451(1)9 of the said Act.

A lawsuit for retrial shall be instituted within 30 days from the date a judgment becomes final and conclusive and the grounds for retrial become known (Article 456(1) of the Civil Procedure Act). If an original copy of the judgment is served on the party, barring any special circumstance, the party becomes aware of whether the judgment was omitted at the time when the original copy of the judgment was served, and thus, the party becomes aware of the existence of the grounds for retrial. Therefore, if the judgment becomes final and conclusive thereafter, the period for filing a

(See Supreme Court Decision 92Da33930 delivered on September 28, 1993). However, the Plaintiff is above.

참조조문

-민사소송법 제451조 제1항 제9호

-민사소송법 제456조 제1항

참조판례

-대법원 1993. 9. 28. 선고 92다33930 판결

유사 판례

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