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(영문) 창원지방법원 2014.10.23 2014재가합53
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

Reasons

1. On August 22, 2012, the Plaintiff filed a claim for damages against the Defendant by the Changwon District Court 201Gahap7208, and was sentenced by the said court to dismiss the Plaintiff’s claim. The fact that the judgment became final and conclusive on September 15, 2012 is significant in this court.

2. Grounds for retrial and determination

A. The Plaintiff’s assertion D, etc. filed a false accusation against the Plaintiff against perjury. Accordingly, the Plaintiff was legally detained on June 15, 2012, which was pending in the case subject to review, and obstructed submission of the method of attack or defense in the case subject to review. As such, there were grounds for retrial under Article 451(1)5 of the Civil Procedure Act (when confession was made, or interfered with submission of the method of attack or defense that may affect the judgment due to any act committed by another person subject to criminal punishment).

B. According to Article 451(1)5 of the former Civil Procedure Act, “when a person makes a confession, or is obstructed in submitting a means of offence or defense that may affect the judgment, due to an act committed by another person subject to criminal punishment,” the grounds for retrial may be brought under Article 451(2) of the same Act only where “when a judgment of conviction, etc. is rendered against an act subject to punishment, or a final judgment, etc. of conviction cannot be rendered for reasons other than lack of evidence” (see, e.g., Article 451(1)5 of the former Civil Procedure Act). However, a retrial suit may be brought under Article 451(2) of the same Act only where “when a final judgment

(See Supreme Court Decision 2006Da14462 Decided September 14, 2006, etc.). However, there was a final and conclusive judgment of conviction in relation to D, etc.’s interference with the submission of the Plaintiff’s means of attack or defense.

A final judgment, etc. of conviction may be rendered for reasons other than lack of evidence.

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