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(영문) 부산지방법원 2014.10.17 2014재나74
손해배상(기)
Text

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

2. The costs of the review are assessed against the plaintiff (the plaintiff and the selected party).

Reasons

1. The following facts are apparent in records:

The Plaintiff filed a lawsuit against the Defendants against the Defendants, “The Defendants jointly and severally filed a lawsuit against the Plaintiff to the effect that the Plaintiff would pay KRW 57,35,140, and KRW 2,000,000 to the Selection, Plaintiff E, and F, respectively, and damages for delay; and Defendant C filed a lawsuit against the Plaintiff to the effect that the Plaintiff would pay KRW 11,80,000 and damages for delay.

On February 13, 2009, the court of first instance rendered a judgment citing part of the plaintiff's claim.

(Judgment of the court of first instance).

On June 18, 2010, the court of the second instance rendered a judgment that dismissed both the Plaintiff’s appeal and the claim extended in the appellate trial on June 18, 2010.

(Judgment of review).

On October 14, 2010, the Supreme Court appealed against the judgment subject to a retrial. The Supreme Court dismissed the Plaintiff’s final appeal on October 19, 2010. The judgment subject to a retrial became final and conclusive on October 19, 2010.

On March 12, 2014, the Plaintiff filed a lawsuit for retrial against the judgment subject to a retrial.

2. The Plaintiff’s physical appraisal statement adopted by the appellate court and the court of first instance prior to the review of the gist of the Plaintiff’s assertion constitutes an official document prepared by falsity, and there exists a ground for retrial under Article 451(7) of the Civil Procedure Act in the judgment subject to a retrial

3. Article 451(2) of the Civil Procedure Act provides that “A lawsuit may be brought in a retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of conviction or a fine for negligence cannot be made for reasons other than lack of evidence in the case of subparagraphs 4 through 7 of paragraph (1).” In this case, there was a final and conclusive judgment of conviction or a final and conclusive judgment of imposition of a fine

a final and conclusive judgment of conviction or the imposition of a fine for negligence for reasons other than lack of evidence.

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