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(영문) 울산지방법원 2018.11.29 2017재나757
손해배상(기)
Text

1. All of the lawsuits for retrial of this case shall be dismissed.

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

Reasons

1. Notwithstanding the fact that a lawsuit for retrial in this case was duly dismissed and finalized through several courts on the same ground, re-appeal of the same content cannot be accepted by law is an obvious consequence of the other party’s harassment and unnecessary use of judicial human resources. Thus, such a lawsuit is not permissible as it abuse of power, barring any special circumstance (see, e.g., Supreme Court Decision 2005Da303, Nov. 10, 2005). Thus, it is evident that the Plaintiff filed a lawsuit for retrial on the same ground against the judgment subject to retrial on five occasions (Ulsan District Court Decision 201Na274, No. 2014, No. 2012 materials or 240, No. 2012 materials or 592, No. 2014 materials or 305 materials, 2014 materials or 2016 materials or 125) but dismissed on the same ground.

Therefore, there is no special circumstance that the Plaintiff filed a lawsuit in the instant case and should have the right to protection. Thus, the lawsuit in the instant case constitutes an abuse of the right to file a lawsuit, and thus, the lawsuit cannot be allowed.

2. As such, the instant lawsuit for retrial is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.

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