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(영문) 서울고등법원 2015.11.06 2013재나935
손해배상
Text

1. Among the instant petition for retrial, the grounds for retrial under Article 451(1)7 and 9 of the Civil Procedure Act are relevant to each of the grounds for retrial.

Reasons

1. The following facts are apparent in records:

The Plaintiff and the designated parties appointed a law firm Chuncheon (Law Firm J and K) as their legal representative and filed a lawsuit against the Defendant as Suwon District Court 200Kadan43747.

On March 14, 2002, the above court rendered a judgment of winning part of the plaintiff.

B. The Plaintiff and the designated parties were dissatisfied with the judgment of the court of first instance and appealed by this Court No. 2002Na20188.

Accordingly, on November 26, 2003, the court accepted part of the appeal by the Plaintiff and the designated parties, and modified the judgment of the first instance, which ordered the Defendant to “The Plaintiff A to pay KRW 25,032,366, KRW 15,021,57, respectively, and delay damages therefor,” and the judgment became final and conclusive on December 24, 2003.

On the other hand, the plaintiff and the designated parties did not appoint the attorney at the above appellate court and they directly conducted the lawsuit.

C. On October 30, 2013, the Plaintiff and the designated parties filed a lawsuit for reexamination of the instant case.

2. Determination on the grounds for retrial

A. The following grounds exist in the judgment subject to a retrial by the Plaintiff.

1) Grounds for a retrial under Article 451(1)3 of the Civil Procedure Act: K attorney-at-law, a sub-agent of the Plaintiff’s lawsuit, submitted a letter of resignation and continued to attend the Plaintiff’s trial. In the absence of the Plaintiff’s presence, he did not notify the Plaintiff of the last date of conciliation, and presented the amount of conciliation independently. 2) Grounds for a retrial under Article 451(1)7 of the Civil Procedure Act: The Plaintiff’s attorney did not state that the claim amount was KRW 32,00,000,000, which served as the basis of the judgment, while filing a lawsuit with the amount of claim amount of KRW 32,00,000.

Accordingly, the false statement of legal representative became evidence of the judgment.

3. Grounds for a retrial under Article 451(1)9 of the Civil Procedure Act:

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