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(영문) 대법원 2015.06.23 2015재다12
기타
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff for retrial.

Reasons

The grounds for request for retrial shall be examined.

The gist of the grounds for the request for retrial of this case lies in the purport that there is a ground for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to retrial, since the Plaintiff (the Defendant) filed a complaint against the Defendant (the Plaintiff) to the prosecution

In order for a ground for retrial to be recognized under Article 451(1)7 of the Civil Procedure Act, it shall be recognized that a judgment of conviction or imposition of a fine for negligence becomes final and conclusive, or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence (Article 451(2) of the Civil Procedure Act). There is no evidence to acknowledge the existence of such

Therefore, the retrial costs are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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