logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.02.13 2018재나76
매매대금반환
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. On September 6, 2015, the above court rendered a judgment in favor of the Plaintiff that “the Defendant shall pay to the Plaintiff 2,184,173 won and the amount equivalent to 5% per annum from June 29, 2017 to September 6, 2017, and 15% per annum from the next day to the day of full payment.” The Defendant appealed against the judgment in favor of the Plaintiff and appealed on March 30, 2018 as the above court 2017Na211376. However, the above court rendered a judgment that “the Defendant’s appeal is dismissed” on March 30, 2018 (hereinafter “the judgment in retrial”) that the original copy of the judgment was served on the Defendant on April 4, 2018, or that the Defendant filed a lawsuit that became final and conclusive on April 18, 2018.”

2. The assertion and judgment

A. The defendant's assertion that the plaintiff paid 23,80,000 won to the defendant according to the result of the mediation of the Seoul Eastern District Court case No. 201Kadan40947, the decision subject to a retrial is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act (when the judgment was omitted on important matters affecting the judgment).

B. "When a judgment is omitted on important matters that may affect the judgment, which are grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act," refers to cases where a party submitted in a lawsuit and did not specify the judgment in the reasoning of the judgment concerning the means of attack and defense that may affect the judgment. As long as the judgment was made, the reasons leading to the judgment are not stated in detail, or the grounds for rejecting the party's claims are individually explained.

arrow