(영문) 서울고등법원 2014.10.29 2014재나314

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(영문) 서울고등법원 2014.10.29 2014재나314

대위변제금

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 have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit against the Defendant claiming the amount of subrogated payment by the District Court 2006Gadan18860, and the said court dismissed the Plaintiff’s claim on May 25, 2007.

B. The plaintiff, who is dissatisfied with the above judgment of the first instance court, filed an appeal with Seoul High Court 2007Na56472, and the above court rendered a judgment on March 27, 2008 that "the judgment of the first instance is revoked. The defendant, including the claim portion extended by the plaintiff in the trial court, shall pay to the plaintiff 60,595,882 won with 5% per annum from August 11, 2001 to March 27, 2008, and 20% per annum from the next day to the day of full payment."

C. Accordingly, the defendant is dissatisfied with the above appellate judgment and filed an appeal with the Supreme Court Decision 2008Da25701, and the Supreme Court accepted the defendant's appeal on August 21, 2008 and reversed the part against the defendant in the above appellate judgment and remanded the case to the Seoul High Court.

On December 10, 2008, the Seoul High Court (2008Na78479) remanded the case, dismissed the Plaintiff’s primary claim, and rendered a judgment subject to a retrial, which dismissed the Plaintiff’s conjunctive claim added by the appellate court after remand.

E. Accordingly, the Plaintiff appealed to the judgment subject to a retrial and filed a final appeal with the Supreme Court Decision 2009Da1207. On March 26, 2009, the Supreme Court rendered a judgment dismissing the final appeal on the grounds that the original copy of the judgment was served on the Plaintiff on March 30, 2009, and the judgment subject to a retrial became final and conclusive.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The Plaintiff’s assertion on the grounds for a retrial is either “when a confession was made, or obstructed in submitting the means of offence and defense that may affect the judgment, due to another person’s act subject to criminal punishment,” as prescribed by Article 451(1)5 of the Civil Procedure Act.

참조조문

-민사소송법 제451조 제1항 제5호

유사 판례

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