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(영문) 대법원 2016.04.12 2016재다118
손해배상(기)
Text

All requests for retrial are dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

Reasons

The grounds for request for retrial shall be examined.

Since there is no omission in judgment on the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, it cannot be viewed as a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment).

(see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Other grounds asserted by the Plaintiff (Plaintiffs) are all pertaining to the merits, and they do not constitute legitimate grounds for retrial.

Therefore, all of the appeals are 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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