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(영문) 대법원 2015.09.24 2015재다890
기타(금전)
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the defendant.

Reasons

Examining the grounds for the retrial of this case in light of the contents, etc. of the judgment subject to a retrial, it is difficult to recognize that there exists any ground for retrial, such as Article 451 subparag. 6 (when the document or any other article used as evidence for the judgment was forged or altered) or subparag. 7 (when the false statement by a witness and an expert witness or the false statement by either the party or legal representative by the party questioning becomes evidence of the judgment) of the Civil Procedure Act in the judgment subject to a retrial on the sole basis of the grounds alleged by the defendant (the plaintiff for retrial). Other grounds asserted by the defendant

Therefore, the retrial costs 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.

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