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(영문) 대법원 2015.12.23 2015재다494
손해배상(기)
Text

All requests for retrial are dismissed.

The litigation costs for retrial shall be borne by the defendant (Plaintiffs for retrial).

Reasons

The grounds for request for retrial shall be examined.

Defendant (Plaintiffs) asserts to the effect that there exist grounds for retrial for “when the judgment subject to a retrial lacks any judgment on important matters that may affect the judgment,” as provided by Article 451(1)9 of the Civil Procedure Act.

According to the records, in a case subject to review, the defendant (the plaintiff) did not submit the appellate brief within the statutory period even after being served a notice of receipt of the record of appeal on March 3, 2015, and the appellate brief filed also was received on April 3, 2015, which was after the statutory period expired. The appellate brief was dismissed pursuant to Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal on the Procedure of the Supreme Court on the grounds that the written appeal does not contain any statement in the grounds for appeal. Therefore, it is difficult to view that there exists any grounds for retrial

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

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