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(영문) 서울중앙지방법원 2015.10.30 2015재나35
임가공비 반환
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 Plaintiff, who confirmed the judgment subject to a retrial, delivered Twitts to the Defendant, but did not receive USD 64,786 from the Defendant, and filed a lawsuit seeking payment of the said money against the Defendant under this court’s order to dismiss only a part of the Plaintiff’s claim on October 18, 2012, and to order the payment of the principal and the damages for delay thereof. The appellate court’s appellate court, which deliberated on the instant case under this Court’s 2012Na5266, based on the Defendant’s appeal, partly accepted the Defendant’s appeal on January 9, 2014, should revoke the Plaintiff’s claim against the Defendant from June 23, 2011 to June 9, 2014, and thus ordered the Plaintiff to pay the said money at least KRW 54,843, and KRW 200,000,000,000,000,000,000,000 from June 23, 2011.

2. The main text of Article 451(1) of the Civil Procedure Act provides that a lawsuit for a retrial may be brought against a final judgment that has become final and conclusive, in the event that the instant lawsuit for retrial is lawful or falls under any of the grounds stipulated in subparagraphs 1 through 11 of Article 451 of the Civil Procedure Act. Therefore, in order to be lawful, the grounds stipulated in each of

However, despite the statement of this court, the Plaintiff did not specify any grounds for a retrial among the grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to a retrial, and the Defendant sold all teitts supplied by the Plaintiff, while selling all teitts, which were supplied by the Plaintiff.

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