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(영문) 대구지방법원 2016.12.14 2016재나48
보험금
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. The following facts are apparent in records: (a) the determination of the original judgment is final and conclusive.

The Plaintiff filed a lawsuit against the Defendant with Daegu District Court 2013Kadan38692, and the said court rendered a judgment dismissing the Plaintiff’s claim on January 17, 2014.

B. On June 10, 2015, the Plaintiff appealed as Daegu District Court 2014Na2431. On June 10, 2015, the said court rendered a judgment for review to dismiss both the Plaintiff’s appeal and the Plaintiff’s claim expanded in the appellate trial.

C. The Plaintiff appealed and appealed by Supreme Court Decision 2015Da41428. However, on October 15, 2015, the Supreme Court rendered a judgment dismissing the appeal on the grounds that “the ground of appeal by Appellant does not include the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal,” which became final and conclusive around that time.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The Plaintiff’s assertion 1) The grounds for a retrial under Article 451(1)6 of the Civil Procedure Act were determined based on forged evidence by the Defendant. As such, there exist grounds for a retrial under Article 451(1)6 of the Civil Procedure Act. 2) The grounds for a retrial under Article 451(1)9 of the Civil Procedure Act (attached Form 1) did not determine the details of the calculation of civil petitions for education insurance, the details of (Attachment No. 17) the increased school expenses (attached Form 2-1), the details of the increased school expenses, and the detailed description of the increased school expenses (attached Form 2-2), [Attachment Form 2-2], and the details of the increased school expenses (attached Form 2-2), and the calculation details of basic dividends.

This is because it omitted a judgment on important matters that may affect the judgment, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

B. Article 451(1)6 of the Civil Procedure Act, which determines the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, provides as evidence of the judgment.

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