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(영문) 광주지방법원 2019.05.24 2018나63005
구상금
Text

1. The defendant's appeal is dismissed.

2. The Civil Procedure Act added by the Defendant (Plaintiff) to this Court.

Reasons

1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.

The Plaintiff filed a claim for reimbursement against the Defendant and A by the Gwangju District Court 2014da507407.

B. On April 2, 2014, the Defendant was served with a duplicate of the complaint, did not submit a written answer, and did not appear on the date for pleading.

C. On July 8, 2014, the above court rendered a judgment on deeming the Defendant to be subject to a retrial (the instant judgment subject to a retrial), such as the Plaintiff’s claim, with respect to the Defendant, and the said judgment became final and conclusive on July 29, 2014.

2. Defendant’s assertion and determination on the grounds for retrial

A. Since Article 451(1)6(1)6(1) of the Civil Procedure Act is forged by A as a joint and several surety for the Defendant’s credit guarantee agreement, there is a ground for retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other items as evidence of the judgment were forged or altered) in the judgment subject to a retrial.

(2) According to Article 451(1)6 of the Civil Procedure Act, if a document or any other article as evidence for the judgment has been forged or altered, a lawsuit for a retrial may be brought against such final judgment. According to Article 451(2) of the Civil Procedure Act, in cases falling under Article 451(1)6 of the Civil Procedure Act, a lawsuit for retrial may be brought only when a judgment of conviction or judgment of imposition of a fine for negligence becomes final and conclusive or when a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack

However, in the event that there is no final judgment of conviction against an act when the document used as evidence of the judgment was forged or altered as grounds for retrial, the claimant for retrial can prove that there was a final judgment of conviction due to the completion of the statute of limitations for reasons other than lack of evidence as well as that there was a final judgment of conviction for forgery or alteration in the absence of such reasons.

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