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(영문) 광주고등법원 2016.09.09 2015재나35
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Determination of the original judgment

A. The Plaintiff filed a claim for damages against the Defendant with the Gwangju District Court Decision 2007Gahap328, and the said court rendered a judgment dismissing all the Plaintiff’s claim on March 11, 2008.

The plaintiff appealed against this and appealed from Gwangju High Court Decision 2008Na2660, but the above appellate court rendered a judgment dismissing the plaintiff's appeal on October 23, 2009, and the plaintiff re-appealed to Supreme Court Decision 2009Da94964 Decided October 23, 2009, but the Supreme Court dismissed the plaintiff's appeal on March 11, 201 and the above judgment became final and conclusive as it is.

B. On November 21, 2011, the Plaintiff filed a lawsuit for reexamination by the Gwangju High Court Decision 201Na112, but the said court rendered a judgment dismissing the lawsuit for reexamination on May 25, 2012, and the Plaintiff appealed by Supreme Court Decision 2012Da5257, but the Supreme Court dismissed the Plaintiff’s appeal on September 27, 2012, and the said judgment became final and conclusive on the same day.

C. On March 6, 2013, the Plaintiff filed a lawsuit for retrial with the Gwangju High Court 2013Na24, but the said court dismissed the lawsuit based on the grounds for retrial under Article 451(1)6 of the Civil Procedure Act on December 31, 2013, and rendered a judgment dismissing the lawsuit based on the grounds for retrial under Article 451(1)10 of the Civil Procedure Act. The Plaintiff appealed to the Supreme Court Decision 2014Da9281 Decided May 16, 2014, and the said judgment became final and conclusive on the same day.

On March 18, 2014, the Plaintiff filed a lawsuit for retrial with the Gwangju High Court Decision 2008Na2660 Decided the Gwangju High Court and the Gwangju High Court Decision 201Na112 Decided January 7, 2015 (hereinafter “the subject decision for retrial”). However, the said court rendered a ruling dismissing the Plaintiff’s request for retrial on January 7, 2015 (hereinafter “the subject decision for retrial”), and the Plaintiff appealed against it and appealed by the Supreme Court Decision 2015Da11311, but the Supreme Court appealed on May 2015.

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