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(영문) 서울중앙지방법원 2019.05.17 2018재나227
손해배상(산)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

On November 13, 2012, the Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court 2012Kadan310091, and the said court rendered a judgment of the first instance on July 24, 2015, that “The Defendants jointly pay to the Plaintiff 38,018,187 won, and 5% per annum from September 18, 2010 to July 24, 2015, and 20% per annum from the next day to the day of full payment.”

B. On October 13, 2016, the Plaintiff appealed and filed an incidental appeal with the Seoul Central District Court 2015Na46033, and the Defendants also filed an incidental appeal. On October 13, 2016, the said court rendered a judgment with the purport that “the Plaintiff’s appeal and the incidental appeal by the Defendants are all dismissed” (hereinafter “the review judgment”).

C. The Plaintiff, who is dissatisfied with the judgment subject to a retrial, filed a final appeal with the Supreme Court Decision 2016Da260073, but the Supreme Court rendered a judgment dismissing the final appeal on January 12, 2017, and the judgment subject to a retrial became final and conclusive as it is.

2. Whether the lawsuit for retrial of this case is legitimate

A. The plaintiff's assertion that the plaintiff is entitled to a retrial under Article 451 (1) 6 of the Civil Procedure Act (when documents and other articles as evidence of the judgment are forged or altered) is a ground for retrial in the judgment subject to a retrial, since doctors I prepared a false disability diagnosis as if they were to have knee 50 degrees and knee 0 degrees, even though knee knee is not kneeed or cannot be held in the left-hand kne, and the above disability diagnosis certificate was provided as evidence for fact-finding and became subject to a retrial.

B. In order to claim grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, a judgment of conviction or a judgment of a fine for negligence has become final and conclusive, or a final and conclusive judgment of conviction has become final and conclusive for reasons other than those for a retrial under Article 451(2).

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