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(영문) 서울서부지방법원 2020.08.11 2019재나76
손해배상청구
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

A lawsuit for retrial is permitted only where there are grounds stipulated in the subparagraphs of Article 451(1) of the Civil Procedure Act, and a lawsuit for retrial is unlawful for asserting the grounds for retrial. A lawsuit for retrial filed on the grounds that the grounds for retrial do not constitute grounds for retrial under the said subparagraphs, or that the grounds for retrial do not constitute grounds for

(see, e.g., Supreme Court Decision 87Reda24, Dec. 8, 1987). The Plaintiff’s petition for retrial contains legitimate grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

Moreover, according to the Defendants’ point of view that the purport of the claim is unspecified and difficult to grasp the grounds for retrial, the full bench issued an order of correction to the Plaintiff. Accordingly, it is difficult to view that the documents submitted by the Plaintiff (as of May 25, 2020) also contain legitimate grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

Therefore, it is reasonable to deem that the lawsuit of this case constitutes an illegal lawsuit that cannot correct the defects. Therefore, the lawsuit of this case is dismissed by a judgment without holding any pleadings pursuant to Articles 455, 413, and 219 of the Civil Procedure Act.

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