logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.07.09 2020재나34
위자료
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

Reasons

1. A summary of the Plaintiff’s assertion that there exist grounds for retrial under Article 451(1)9 of the Civil Procedure Act and grounds for retrial under the proviso of Article 451(1) of the Civil Procedure Act.

(2) A lawsuit for retrial shall be filed within 30 days from the date the party becomes aware of the grounds for retrial after the judgment became final and conclusive.

(1) Article 456(1) of the Civil Procedure Act. Article 456(1) of the same Act provides that the Plaintiff was served with the original copy of the judgment subject to a retrial on July 19, 2019 and the said judgment became final and conclusive on October 31, 2019 by the judgment dismissing the Supreme Court’s appeal. According to the Plaintiff’s assertion as shown in the attached Form, it is reasonable to view that the Plaintiff was aware of the grounds for a retrial at the time of filing a final appeal against the judgment subject to a retrial or at the latest following the Supreme Court’s judgment dismissing the final judgment. The Plaintiff filed a lawsuit for retrial

Therefore, it is decided as per Disposition by deciding to dismiss it.

arrow