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(영문) 부산지방법원 2015.06.05 2014재나166
손해배상(기)
Text

1. Among the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)6 of the Civil Procedure Act shall be dismissed.

Reasons

1. The following facts are apparent in the records of the judgment subject to a retrial:

The Plaintiff filed a lawsuit against the Defendant, as stated in the purport of the claim, as Busan District Court Decision 2010Kadan131476, and the above court rendered a judgment dismissing the Plaintiff’s claim on August 20, 2013 (hereinafter “the first instance judgment”).

B. On April 18, 2014, the Plaintiff appealed as Busan District Court Decision 2013Na14948, and the above court rendered a ruling dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) and the judgment of the first instance court of this case became final and conclusive on May 9, 2014.

2. Determination as to the existence of a ground for retrial

A. The Plaintiff’s assertion 1) The grounds for retrial under Article 451(1)6 of the Civil Procedure Act exist, and the evidence No. 53-6 and evidence No. 54 and 55 (including each number) (hereinafter “each of the evidence of this case”) as evidence for fact-finding in the first instance judgment and the judgment subject to retrial

(2) Although each of the grounds for retrial under Article 451(1)9 of the Civil Procedure Act was forged, the judgment of the first instance court and the judgment subject to retrial were rendered based on this determination. This constitutes grounds for retrial under Article 451(1)6 of the Civil Procedure Act, and thus, the judgment subject to retrial should be revoked. (2) The judgment of the first instance court and the judgment subject to retrial under Article 451(1)9 of the Civil Procedure Act omitted the determination

This constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act, and thus, the judgment of the first instance court and the judgment subject to retrial should be revoked.

3) The judgment of the first instance court of this case where there exists a cause for a retrial under Article 451(1)10 of the Civil Procedure Act, and the judgment subject to a retrial, which was rendered by Busan District Court as to the case No. 2004Kadan110256, Sept. 14, 2005 (hereinafter “instant decision”).

(1) is inconsistent with the decisions of the Commission.

This is a cause for a retrial under Article 451 (1) 10 of the Civil Procedure Act.

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