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(영문) 울산지방법원 2013.12.12 2013재가합38
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, and.

Reasons

1. The following facts are significant in this court, which became final and conclusive in the judgment subject to review:

The Plaintiff, even though there was no error by the Plaintiff against the Defendant, was sentenced to imprisonment with prison labor for one year and three months, and one year, sentenced to imprisonment with prison labor for a crime without prison labor for the Ulsan District Court No. 96No2800, the Busan District Court, Ulsan District Court No. 99Da79, and losses incurred by the Plaintiff. As such, the Defendant filed a lawsuit claiming damages against the Plaintiff for compensation for damages amounting to KRW 154 million and delay damages with the Ulsan District Court No. 2010,4109.

B. On September 28, 2011, the said court rendered a judgment against the Plaintiff in full.

C. Accordingly, the Plaintiff appealed as Busan High Court Decision 201Na7949, and the above court rendered a judgment dismissing the appeal on June 5, 2013.

The Plaintiff filed an appeal with the Supreme Court Decision 2013Da47545, but the said court rendered a judgment dismissing the lower court’s non-trial order on August 23, 2013.

The above judgment was finalized on August 29, 2013.

2. The Plaintiff’s assertion that the Plaintiff had not made a false accusation, was sentenced to imprisonment with prison labor for a crime of false accusation, and thus, the Plaintiff should be paid damages.

Nevertheless, the Ulsan District Court Decision 2010Gahap4109, Busan High Court 201Na7949, and Supreme Court Decision 2013Da47545 Decided the Plaintiff’s claim has all grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

3. When the appellate court rendered a judgment on the merits of the case at the appellate court as to the legitimacy of a lawsuit for retrial of this case, the appellate court shall not institute a lawsuit for retrial against the judgment of the first instance.

(Article 451(3) of the Civil Procedure Act. The Plaintiff filed a lawsuit for a retrial against the judgment of the first instance court rendered a judgment on the merits in the appellate trial (the Plaintiff stated that the judgment subject to a retrial was the first instance judgment in the oral proceedings). As such, the instant lawsuit is subject to a judgment that is not subject to a retrial.

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