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(영문) 광주지방법원 2020.09.10 2019재나85
대여금
Text

Among the lawsuits for retrial of this case, part of the petition for retrial regarding the grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

Reasons

1. Determination of the original judgment

A. On January 2, 2013, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 30,000,000 for loans as the Gwangju District Court Decision 2013Kadan91, and damages for delay therefor. The said court rendered a judgment dismissing the Plaintiff’s claim on February 10, 2015.

(hereinafter “instant judgment of the first instance court”). On February 13, 2015, the Plaintiff did not file an appeal within two weeks after receiving the written judgment of the instant case, and the instant judgment of the first instance became final and conclusive as it is.

B. After March 2, 2015, the Plaintiff revoked the judgment of the first instance court of this case against the Defendant as the Gwangju District Court 2015 Jae-Ma24, and the said judgment against the Defendant.

A. Although a suit was filed for retrial seeking payment of the stated amount, the said court rendered a judgment dismissing the suit on July 3, 2015.

C. The plaintiff above

B. On October 28, 2015, the lower court appealed as the Gwangju District Court 2015Na7257, and the lower court rendered a judgment dismissing the Plaintiff’s appeal on October 28, 2015, which became final and conclusive on November 19, 2015.

The plaintiff

C. A lawsuit for retrial was filed by the Gwangju District Court 2017JNa67 regarding the judgment of the appellate court stated in the foregoing judgment, but the above court rendered a judgment dismissing the Plaintiff’s request for retrial on June 1, 2018, and the above judgment became final and conclusive on June 23, 2018.

In other words, the Plaintiff filed a lawsuit for retrial with the Gwangju District Court 2018ReNa88 regarding the above appellate judgment, but the above court rendered a judgment dismissing the Plaintiff’s request for retrial on September 20, 2018, and the above judgment became final and conclusive on October 13, 2018.

In addition, the Plaintiff filed a lawsuit for retrial with the Gwangju District Court 2018 Jaena170 regarding the above appellate judgment, but the above court rendered a judgment dismissing the Plaintiff’s request for retrial on June 21, 2019 (hereinafter “the judgment on retrial”), which became final and conclusive on July 9, 2019.

[Reasons for Recognition] The substantial fact in this Court

2. The assertion and judgment.

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