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(영문) 창원지방법원 2018.05.03 2017재나89
임금
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. Basic facts

A. A filed a lawsuit against the Defendant for the payment of unpaid wages with the Changwon District Court Decision 2013 Ghana11352, and the said court rendered a judgment on June 11, 2014 that “The Defendant shall pay to the Plaintiff 2,394,040 won and interest calculated at the rate of 20% per annum from January 8, 2012 to the date of full payment.”

B. The Defendant appealed against this and appealed to the wages of Changwon District Court 2014Na32209, but the said court rendered a judgment subject to a retrial that dismissed the Defendant’s appeal on December 18, 2014.

C. The Defendant, who is dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2015Da203318, but the Supreme Court rendered a judgment dismissing the Defendant’s final appeal on May 28, 2015, and the judgment subject to a retrial became final and conclusive as is.

A died after the judgment subject to a retrial became final and conclusive, and the Plaintiffs are the successors of A.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. The assertion and judgment

A. The Defendant’s assertion A submitted as evidence of the judgment subject to a retrial (Evidence A 1) was made by falsity, and the Defendant filed a criminal complaint against the labor inspector who prepared the confirmation center for the above overdue money and valuables, on suspicion of false preparation of official documents and false entry, etc.

In this regard, the investigation agency concluded that it is impossible to punish labor inspectors, but it did not go through a proper investigation, such as omitting the investigation documents of labor inspectors from the list of evidence, and not examining the legal principles asserted by the defendant.

As such, the instant criminal complaint case, which is the cause of the instant judgment subject to review, was not conducted properly, and thus, it is necessary to clarify it through the instant review procedure.

B. The suit for determination, the suit for review, and the suit for review, are limited to cases where there are grounds for retrial listed in each subparagraph of Article 451(1) of the Civil Procedure Act.

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