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(영문) 서울중앙지방법원 2020.12.17 2019재나163
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. The following facts are remarkable or obvious in records in this court:

The Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court 2017 Ghana13092, and the said court rendered a judgment dismissing the Plaintiff’s claim on July 19, 2017.

B. The Plaintiff appealed as Seoul Central District Court 2017Na56140, which was dissatisfied with the above judgment, but the said court rendered a judgment dismissing the Plaintiff’s appeal on April 12, 2018.

(hereinafter referred to as the "case subject to review") c.

The Plaintiff, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2018Da231390, but the final appeal was dismissed on July 12, 2018, and the Plaintiff served the original copy of the judgment on July 16, 2018, and the judgment subject to a retrial became final and conclusive as it is.

On April 23, 2019, the Plaintiff filed a lawsuit against the Defendants in relation to the judgment subject to a retrial with Seoul Central District Court 2018 Jaena173, and the said court rendered a judgment dismissing the lawsuit for retrial.

E. The Plaintiff was dissatisfied with the foregoing judgment and appealed by Supreme Court Decision 2019Da235672, but the appeal was dismissed on August 14, 2019 due to the non-trial hearing and became final and conclusive on August 19, 2019.

2. Since the judgment of the court of first instance, the Plaintiff consistently denied the Defendants’ answer (the main fact), and even though there is a clear statement different from the Defendants’ answer in the technical service agreement (Evidence A No. 4), etc. for the construction of administrative information database, the judgment subject to a retrial (Seoul Central District Court 2017Na56140) did not render a judgment on the grounds of the above, but recognized the Defendants’ false answer as it is. As such, there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial (the time of omission of judgment on important matters affecting the judgment)

3. Determination on the existence of a ground for retrial

A. In light of the proviso of Article 451(1) of the Civil Procedure Act.

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