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(영문) 대법원 2016.04.12 2015재다1855
공사대금
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

According to the records, the plaintiff (hereinafter "the plaintiff") stated the second floor of the Gangnam-gu AH building in the petition of appeal as the service place of the plaintiff and served a notice of receipt of the record of appeal on the same place. Since the plaintiff did not submit the appellate brief in the case subject to review, it cannot be deemed that there exists a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, as alleged by the plaintiff, in the judgment subject to review.

Therefore, the retrial costs are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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