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(영문) 대법원 2008.04.11 2007재다642
징계면직처분취소
Text

The action for retrial shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The plaintiff (hereinafter "the plaintiff") asserts that there are grounds for retrial under Article 451 (1) 9 and 10 of the Civil Procedure Act in the judgment subject to a retrial.

First, the exercise of the right to request a trial by authority is also regulated by the principle of trust and good faith in order to protect the other party and secure judicial functions. Therefore, even though the court has rejected and confirmed the request for a retrial on several occasions due to the same reason, it would result in bullying of the other party, and further making the same request for a retrial for the clear reason that it cannot be accepted by law. Therefore, such a lawsuit shall not be allowed as it abuse the right of lawsuit, unless there are special circumstances.

(2) The court below held that the plaintiff's petition for retrial filed on the same ground on several occasions constitutes an abuse of the right to file a lawsuit on the ground that the plaintiff's petition for retrial was dismissed or dismissed by the Supreme Court. Thus, the court below held that the plaintiff's petition for retrial filed on several occasions constitutes an abuse of the right to file a lawsuit on the ground that the plaintiff's petition for retrial was dismissed or rejected by the Supreme Court, and there is no special circumstance that the plaintiff should have the right to file a lawsuit on the ground that it constitutes an abuse of the right to file a lawsuit

Therefore, the retrial suit of this case is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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