beta
Text
1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
As Seoul Western District Court 2005Gahap2981, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of cause as the commission labor contract of this case was based on an expression of intent by duress. On October 7, 2005, the above court rendered a judgment dismissing the Plaintiff’s claim.
B. Accordingly, after filing an appeal with the court 2005Na92467, the plaintiff added the plaintiff's conjunctive claim that the commission work contract of this case was not duly formed, and the court revoked the judgment of the first instance on September 5, 2006 and rendered a judgment dismissing all of the plaintiff's primary preliminary claims on the ground that there is no benefit of confirmation and thus, it is unlawful.
C. Accordingly, the Plaintiff filed an appeal as Supreme Court Decision 2006Da70035, but the appeal was dismissed on January 11, 2007 due to the mental failure, and the above judgment became final and conclusive on January 22, 2007.
Since then, on December 19, 201, the Plaintiff filed a request for retrial with the court 2005Na92467 Decided December 19, 201, the Plaintiff was sentenced to dismissal of the above request for retrial on May 9, 2012, and the Plaintiff appealed with the Supreme Court 201Da62028, but the dismissal of the appeal was sentenced on September 13, 2012.
E. In other words, on September 25, 2012, the Plaintiff filed a request for retrial with this court 2005Na92467 Decided September 25, 2012. On November 29, 2012, the Plaintiff was sentenced to dismissal of the said request for retrial, and the Plaintiff filed a final appeal with Supreme Court 2012Da1096, but was sentenced to dismissal of appeal on February 14, 2013.
F. In addition, on February 18, 2013, the Plaintiff filed a request for retrial with this Court 2005Na92467 Decided February 18, 2013, which was rendered by this Court 2013Na126, and on June 7, 2013, the judgment dismissing the above request for retrial (hereinafter “the judgment on retrial”) was rendered, and the Plaintiff appealed by Supreme Court 201Da46221, but the Plaintiff appealed on August 23, 2013.