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(영문) 울산지방법원 2019.08.22 2017재나634
청구이의
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The plaintiff filed a lawsuit of objection against the defendant as the Ulsan District Court 2015da27339, Ulsan District Court 2015da27339, and the above court rendered a judgment dismissing the remainder of the lawsuit on August 9, 2016, with respect to compulsory execution based on the above 98 Ghana 11300 case against the plaintiff, etc. on the plaintiff, etc., according to the judgment of the above 101,063 won, 67,375 won, and 25% per annum for each of the above amounts from February 13, 2004 to the date of full payment, and the judgment dismissing the remainder of the lawsuit.

Therefore, the defendant filed an appeal with the Ulsan District Court 2016Na3348, but this court is "the judgment dismissing the plaintiff's appeal" on July 5, 2017.

(2) The judgment subject to a retrial became final and conclusive on July 27, 2017, by the Defendant’s failure to file an appeal against it. 2. As such, a lawsuit for a retrial on a final and conclusive judgment, which became final and conclusive as to the legitimacy of a lawsuit for retrial of this case, is permitted only when there exist grounds under each subparagraph of Article 451(1) of the Civil Procedure Act, and a lawsuit for retrial is unlawful (see, e.g., Supreme Court Decision 82Hun-Ga14, Sept. 14, 1982). However, the principal purport of the Defendant’s assertion was erroneous in the judgment for a retrial, and this does not constitute grounds for retrial under each subparagraph of

3. In conclusion, the lawsuit of this case is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.

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