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(영문) 울산지방법원 2019.01.17 2017재나832
손해배상(기)
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. Notwithstanding the fact that a lawsuit for retrial in this case was duly dismissed and finalized in several courts on the same ground, re-appeal of the same content cannot be accepted by law on the grounds that it would result in bullying against the other party, and further, it would be unnecessary to use judicial personnel, barring any special circumstance, and such lawsuit is not permissible as it abuse of power (see, e.g., Supreme Court Decision 2005Da303, Nov. 10, 2005). Thus, it is evident that the Plaintiff filed a lawsuit for retrial (Ulsan District Court Decision 201Na90, 2014Na275, 2014NaNa275, 2015DaNa11111, 2015NaNaNa401, 2017NaNa166, on the grounds that the judgment subject to retrial was dismissed on the same ground on five occasions.

Therefore, there is no special circumstance that the Plaintiff filed a lawsuit in the instant case and should have the right to protection. Thus, the lawsuit in the instant case constitutes an abuse of the right to file a lawsuit, and thus, the lawsuit cannot be allowed.

2. In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.

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