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(영문) 의정부지방법원 2012.02.03 2011가합6059
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As Suwon District Court 2007Guhap3610, the Plaintiff filed a lawsuit, such as revocation of the registration of passenger transport service with respect to Suwon District Court C Co., Ltd. (hereinafter “C”) on January 19, 2007. The Plaintiff filed a lawsuit against the Plaintiff to revoke the registration of a chartered bus for the purport that “the amount calculated by the rate of KRW 18 million per month from January 8, 2007 and KRW 3 million per month from January 8, 2007.”

B. On October 31, 2007, the second executive branch of Suwon District Court, which received a dividend of the above lawsuit, rendered a judgment dismissing the above lawsuit on the ground that the part concerning the plaintiff's claim for revocation was filed by a person who has no standing to sue. Inasmuch as the plaintiff did not have standing to sue to seek revocation of the disposition, the part concerning the claim for damages was filed against an administrative agency, not a right holder, and thus, the defendant's claim for damages was merely filed against the administrative agency, and thus, the defendant's ground for rejection of the lawsuit was also unlawful (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive with the limit of the appeal period, and the plaintiff filed a lawsuit for retrial as the Suwon District Court 2009 Jae-gu 15

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. The parties' assertion

A. At the time of rendering the judgment of the Plaintiff’s assertion, the Plaintiff did not confirm whether the Plaintiff was not present in the court and could file an appeal, and the judgment was served on the Plaintiff without notice of the appeal.

The judgment dismissing a lawsuit on the ground that the plaintiff is not a final and conclusive judgment, and did not appeal at any time by determining that the lawsuit may resume at any time. Accordingly, the judgment became final and conclusive and the damage, such as the purport of the claim, occurred to the plaintiff.

In addition, the court that made the judgment of this case was judged against the principle of disposition authority by judging the matters not asserted by the parties.

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