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(영문) 부산지방법원 2017.07.20 2017재나13
양수금
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. Following the conclusion of the judgment subject to a retrial is apparent or clearly recorded in this court. A.

The Plaintiff filed a lawsuit against the Defendant with Busan District Court No. 201Gapo245604, and on June 19, 2012, the said court rendered a judgment of partial acceptance that “the Defendant shall pay to the Plaintiff 90,000 won and the amount calculated by the rate of 5% per annum from July 5, 2011 to June 19, 2012, and 20% per annum from the next day to the date of full payment” (hereinafter “ judgment of the first instance”).

B. The Plaintiff appealed as Busan District Court 2012Na12259, but the appeal was dismissed on October 19, 2012, and the above judgment on November 8, 2012 (hereinafter “Appellate Court judgment”) became final and conclusive as it is.

C. The Plaintiff filed a lawsuit for a retrial on the appellate court judgment as Busan District Court 2012Na193, but the said court rendered a judgment dismissing the Plaintiff’s petition for retrial on May 9, 2013.

Accordingly, the Plaintiff appealed by Supreme Court Decision 2013Da40230, but the appeal was dismissed on September 12, 2013.

The Plaintiff filed a lawsuit for a retrial against the Busan District Court Decision 2013Na183, Busan District Court Decision 2012Na193, the said court rendered a judgment dismissing the Plaintiff’s request for retrial on April 11, 2014, and the said judgment became final and conclusive on May 3, 2014.

E. On February 11, 2015, the Plaintiff filed a lawsuit for retrial against the Busan District Court Decision 2014Na111, Busan District Court Decision 2013Na183, the said court rendered a judgment dismissing the Plaintiff’s request for retrial, and the said judgment became final and conclusive on February 27, 2015.

F. On August 21, 2015, the Plaintiff filed a lawsuit for a retrial against the Busan District Court Decision 2015Na26, Busan District Court Decision 2014Na111, the said court rendered a judgment dismissing the Plaintiff’s request for retrial on August 21, 2015, and the said judgment became final and conclusive around that time.

G. The Plaintiff is Busan District Court Decision 2015Na187, Busan District Court Decision 2015NaNa26.

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