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(영문) 수원지방법원 2018.08.09 2017재나1061
부당이득금
Text

1. All applications for quasi-deliberation of this case and lawsuits for retrial shall be dismissed.

2. The costs of quasi-examination and those of retrial shall be considered.

Reasons

1. On July 14, 2016, the Plaintiffs in the judgment subject to a retrial filed a lawsuit against the Defendant for unjust enrichment under the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court (hereinafter referred to as “the judgment subject to a retrial”) and rendered a judgment accepting all the Plaintiffs’ claims on July 14, 2016. Accordingly, even though the Defendant appealed by this Court Decision 2016Na64319, this Court rendered a judgment dismissing an appeal on April 13, 2017 (hereinafter “the judgment subject to a retrial”), and the fact that the judgment subject to a retrial became final and conclusive on May

2. Determination as to the quasi-examination application

A. The summary of the Defendant’s assertion is that the lawsuit was pending in Suwon District Court No. 2016Na64319, and the Defendant applied for an order to submit documents on August 27, 2016 to prove the fact that the Plaintiffs and the Defendant agreed on, but the said court rendered a judgment by failing to notify the above motion and omitting judgment. This constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted).

B. Article 348 of the Civil Procedure Act provides that an immediate appeal may be filed against a decision on a request for submission of a document. Thus, a dismissal decision on a request for an order to submit a document becomes final and conclusive, and if there exists any ground for retrial under Article 451(1) of the Civil Procedure Act, it may be subject to quasi-

However, the reason for quasi-examination as asserted by the defendant is that the decision dismissing the above application constitutes omission of judgment in making a final judgment on the case on the merits although the above application for the order to submit documents falls under important matters that might affect the case on the merits, and that the above decision of dismissal omitted any judgment on important matters that could affect the decision itself. This ground for quasi-examination as to this part.

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