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1. The lawsuit of this case shall be dismissed.
2. The costs of lawsuit shall be borne by the defendant (the plaintiff for retrial).
purport, purport, ..
Reasons
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
The Plaintiff filed a lawsuit against the Defendant with the Seogu District Court Branch 2010Kadan32591, which sought a judgment identical to the purport of the claim, and the above court rendered a judgment dismissing the Plaintiff’s claim on June 21, 201.
Accordingly, the Defendant appealed with this Court No. 2011Na15092, but this Court rendered a judgment dismissing the Defendant’s appeal on January 11, 2012, on the ground that the Defendant, who won the entire winning case, has no profit to appeal and is unlawful.
In other words, the Defendant appealed by Supreme Court Decision 2012Da18885, but the above court dismissed the Defendant’s appeal on April 26, 2012.
(hereinafter referred to as the above Daegu District Court Decision 2010Kadan32591 (hereinafter referred to as the "final judgment of this case") B.
The Defendant, on the ground that there are grounds for retrial falling under Article 451(1)9 of the Civil Procedure Act, filed a suit for retrial under the Daegu District Court Branch of Seogu District Court 2012Gao39, which was the subject of a final judgment.
On September 19, 2012, the above court rejected the lawsuit for retrial on the ground that the defendant was a party who won the entire final and conclusive judgment of this case, without determining the grounds for retrial asserted by the defendant.
Therefore, although the defendant appealed from this Court No. 2012Na20510, this Court dismissed the defendant's appeal on April 5, 2013.
In other words, the Defendant appealed by Supreme Court Decision 2013Da32604, but the above court dismissed the Defendant’s appeal on July 11, 2013.
C. On the ground that there are grounds for retrial falling under Article 451(1)9 of the Civil Procedure Act, the Defendant filed a lawsuit for retrial under the 2013 Western Branch Branch of the Daegu District Court as the judgment subject to retrial on the ground that there are grounds for retrial falling under Article 451(1)9 of the said Act.
On November 14, 2013, the above court lacks the litigation requirements for retrial.