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(영문) 전주지방법원 2018.07.13 2017재나71
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, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit against the Defendant seeking damages on the ground of perjury, etc. as the Jeonju District Court 2012 Ghana4851, and the said court rendered a judgment dismissing the Plaintiff’s claim on September 13, 2012.

B. Accordingly, the Plaintiff appealed as Jeonju District Court No. 2012Na6809, and the above court rendered a ruling dismissing the Plaintiff’s appeal on January 18, 2013 (hereinafter “Ruling on Review”). On January 28, 2013, the said judgment became final and conclusive on February 13, 2013 on the ground that the Plaintiff was not served with the original copy of the judgment on the said appellate trial on January 28, 2013.

2. Determination on the legitimacy of a retrial suit

A. On April 26, 2010, the main point of the Plaintiff’s assertion was that the Defendant appeared in the court as a witness, and issued a perjury. Accordingly, the Plaintiff’s honor was considerably damaged, and the Plaintiff was subject to criminal trial, thereby suffering from extreme mental pain until now.

Therefore, the defendant is obliged to compensate the plaintiff for damages caused by the defendant's tort. The judgment of the court of first instance rendered without notifying the plaintiff of the fact-finding result despite the arrival of the fact-finding result, which dismissed the plaintiff's appeal.

B. Inasmuch as a lawsuit on a retrial on the final judgment that became final and conclusive is permitted only when the grounds specified in each subparagraph of Article 451(1) of the Civil Procedure Act exist, a lawsuit on retrial shall be dismissed as it is unlawful in the event that the ground

(2) Article 451(1) of the Civil Procedure Act provides that “The grounds for retrial shall not be deemed grounds for retrial under any of the subparagraphs of Article 451(1) of the Civil Procedure Act” (see Supreme Court Decision 82Hun-Ga14, Sept. 14, 1982).

3. Conclusion, the review of this case is conducted.

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