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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. According to the final records of the judgment subject to a retrial, the following facts may be acknowledged:
On January 23, 1987, the defendant issued a notice of unjust enrichment of KRW 27,416,180 to the plaintiff on the ground that the plaintiff falsely prepared the medical records of the patient who did not have been directly treated at C Hospital or E Hospital from July 1, 1985 to June 30, 1986, and that he filed an unfair claim for medical insurance medical expenses based on this.
B. On January 29, 2002, the Plaintiff filed a lawsuit for confirmation of non-existence of the amount to be collected on August 21, 2003, as Busan District Court Decision 2002Guhap517, which excludes the amount partially recovered from the above unjust enrichment, and no remainder exists after the prescription expires. Thus, the Plaintiff was dismissed on August 21, 2003.
Although the Plaintiff appealed with Busan High Court Decision 2003Nu3710, on June 4, 2004, the appeal was dismissed (Re-appeal Decision) and again appealed with the Supreme Court Decision 2004Du7467 Decided November 9, 2006, but the appeal was dismissed, and thus the judgment subject to a retrial became final and conclusive.
2. Determination on the legitimacy of the retrial of this case
A. The plaintiff asserts that there exist grounds for retrial under Article 1(1)4 through 10 of the Civil Procedure Act, such as submission of false official documents operated by the defendant.
B. Article 451(2) of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, provides that “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, a lawsuit for retrial may be filed only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive, or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence,” which is prescribed by Article 451(2) of the Civil Procedure Act, such as that the judgment of conviction or imposition of a fine for negligence becomes final and conclusive or it is impossible to render a judgment