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(영문) 대구지방법원 2019.01.24 2018재나80
손해배상(자)
Text

1. Of the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)9 of the Civil Procedure Act shall be dismissed.

2...

Reasons

1. Following facts which have become final and conclusive in the judgment subject to review shall be significant or clearly recorded in this court:

The Plaintiff filed a lawsuit against the Defendant against the Daegu District Court (Seoul District Court Decision 2009Da3647, Jan. 28, 2007) seeking the payment of damages and damages for delay due to the traffic accident as of January 28, 2007, and the said court rendered a judgment in favor of the Plaintiff on May 4, 201.

B. Accordingly, both the Plaintiff and the Defendant appealed to the Daegu District Court Decision 201Na10042, and the above court dismissed the Plaintiff’s appeal on August 23, 2012 and rendered a judgment of citing part of the Defendant’s appeal (hereinafter “judgment 1”). The Plaintiff’s agent was served with the original copy of the judgment subject to review on August 31, 2012.

C. The Plaintiff appealed and appealed by Supreme Court Decision 2012Da81302, but, on December 27, 2012, the final appeal was dismissed by the lower court’s decision of rejection of the trial. On December 31, 2012, the said judgment became final and conclusive by serving the Plaintiff’s agent on December 31, 2012.

Since then, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the judgment subject to reexamination as Daegu District Court 2013Na54, and the said court rendered a judgment dismissing the lawsuit subject to reexamination on November 29, 2013 (hereinafter “ judgment subject to reexamination”) and the Plaintiff’s agent was served with the original copy of the judgment subject to reexamination on December 4, 2013.

E. The Plaintiff appealed and appealed by Supreme Court Decision 2013Da101180, but the final appeal was dismissed on April 10, 2014, and the said judgment became final and conclusive by serving the Plaintiff’s agent on April 15, 2014.

F. The Plaintiff again filed a lawsuit against the Defendant seeking revocation of the judgment subject to reexamination as Daegu District Court 2014Na37, and the said court rendered a judgment dismissing the said lawsuit on October 30, 2014 (hereinafter “ judgment subject to reexamination”) and the Plaintiff is subject to reexamination on November 6, 2014.

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