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(영문) 부산고등법원 2015.09.24 2015재나5017
계약무효확인 등 청구의 소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant (appointed party, the plaintiff for retrial) and the appointed party.

Reasons

1. The Plaintiff filed a lawsuit against the Defendant and the appointed party regarding the claim, such as the invalidity of the contract, under the Busan District Court’s Branch Branch Decision 2012Gahap100714, and the said court partially accepted the Plaintiff’s claim on January 10, 2014.

② Accordingly, the Defendant appealed to Busan High Court Decision 2014Na50203, but the said court rendered a judgment subject to a retrial, which dismissed the Defendant’s appeal on September 4, 2014.

③ The Defendant appealed by Supreme Court Decision 2014Da225304, but was dismissed on December 11, 2014, and the instant judgment subject to a retrial became final and conclusive upon delivery to the Defendant on December 17, 2014.

2. Summary of the Defendant’s assertion (1) The Plaintiff’s filing of the instant lawsuit cannot be permitted against the good faith principle.

(2) No insurance contract listed in the attached Table of insurance contracts shall become void.

③ In a case in which the Plaintiff filed a complaint against the Defendant, an investigative agency took a measure against the Defendant, etc. without suspicion.

④ There are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

3. The court’s judgment above ①, ②, ③ the assertion is not a legitimate ground for retrial, and Article 451(1)9 of the Civil Procedure Act provides that “when the judgment was omitted on important matters that may affect the judgment,” and there is no evidence of the defendant’s assertion as to the establishment of the judgment subject to retrial.

4. Thus, the lawsuit of this case is dismissed as it is unlawful.

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