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(영문) 대법원 2014.09.04 2014재다251
손해배상(기)
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

The gist of the grounds for the request for retrial of this case lies in the judgment subject to retrial under Article 451(1)8 of the Civil Procedure Act (when the judgment of civil or criminal court or any other judgment or the branch of an administrative agency was changed by a different judgment or administrative disposition), 9 (when the judgment was omitted on important matters that may affect the judgment), 10 (when the judgment was contrary to the final judgment rendered before the judgment to institute a retrial), etc.

However, even if examining the reasoning for the judgment subject to a retrial in light of the record, it is not recognized that there is a ground for retrial under each subparagraph of Article 451(1) of the Civil Procedure

Therefore, the retrial costs are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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