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(영문) 대법원 2015.02.26 2014재두491
기타(금전)
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff (appointed party and the plaintiff for retrial).

Reasons

The grounds for request for retrial shall be examined.

The Plaintiff (Appointed Party and Review Plaintiff) asserts to the effect that there was a cause for a retrial of “when omitting a judgment on important matters that may affect the judgment” under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial. However, the assertion on the grounds of appeal as to the grounds of final appeal constitutes a ground for non-judicial review under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and dismissed a final appeal without further deliberation. Thus, it cannot be said that there was no omission

(See Supreme Court Decision 2007Du301 Decided June 26, 2008, etc.). Therefore, the retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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