(영문) 광주지방법원 2015.05.01 2014재가단34

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.05.01 2014재가단34

임금

Text

1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. The following facts are clearly recorded in the judgment subject to a retrial:

Between July 21, 2012 and August 17, 2012, the Plaintiff filed a lawsuit against the Defendants on the claim for wage, etc., as the Gwangju District Court 2014Kadan6621, asserting that the Defendants provided labor, etc. in the on-site industry and did not receive KRW 22,215,250.

B. On August 26, 2014, the above court rendered a judgment of winning part of the Plaintiff on the instant case, and this judgment became final and conclusive on September 19, 2014.

2. Determination on the grounds for retrial

A. The plaintiff's argument that the judgment subject to a retrial was made based on the plaintiff's argument that evidentiary documents of Gap evidence Nos. 7 through 9 (such as a copy of the site work site) submitted by the plaintiff were voluntarily prepared by the defendant, but the documents of Nos. 1 and 2 (written statement of non-performance of the first and the first progress payment) prepared by the plaintiff were also written by the private person, despite the fact that the documents of No. 1 and No. 2 (written statement of non-performance of the first progress payment) prepared by the plaintiff were also written by the

B. (1) The "when a judgment is omitted on important matters that may affect the judgment" under Article 451 (1) 9 of the Civil Procedure Act refers to the method of attack and defense which a party submitted in a lawsuit and has an influence on the judgment, and where a judgment is not clearly stated in the reasoning of the judgment, and as long as there is a judgment, it shall not be deemed the omission of judgment under the above Act even if the reasons leading to the judgment are not clearly explained or the grounds for rejecting the party's claims are not individually explained.

(2) In light of the above legal principles, the judgment subject to a retrial shall be based on the health care unit, records, etc. of this case, and the judgment subject to a retrial shall be based on the reasoning of the judgment. In light of the above legal principles, the judgment subject to a retrial shall be based on the health care unit, records, etc. of this case.

참조조문

-민사소송법 제451조 제1항 제9호

참조판례

-대법원 2000. 11. 24. 선고 2000다47200 판결

유사 판례

-울산지방법원 2015.12.17 2015재나1008

-대법원 2013.12.12 2013재다605

-의정부지방법원 2018.06.22 2018재나50019

-울산지방법원 2011.12.22 2011재나90

-대법원 2012.03.29 2011재다1192