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(영문) 대구지방법원 2015.04.16 2014재나129
신용카드이용대금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The Plaintiff filed a lawsuit against the Defendant for the payment of the credit card use price and credit card loan loan loan and its delay damages, as the Daegu District Court Branch Decision 2013 Ghana32387, and the said court rendered a favorable judgment against the Plaintiff on September 24, 2013, that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 29.9% per annum for KRW 9,245,097 and KRW 8,487,626 from June 13, 2013 to the date of full payment.”

B. Accordingly, the Defendant appealed with the Daegu District Court 2013Na302752, and the above court accepted part of the Defendant’s appeal, and rendered a judgment subject to a retrial on May 28, 2014 that “the part against the Defendant, which exceeds the money ordered to pay under the judgment of the first instance, shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be dismissed. The Defendant received the original copy of the judgment subject to a retrial on June 22, 2014 from June 13, 2013 to the day of full payment as to KRW 29.9% per annum for KRW 4,598,107 and KRW 3,89,519 per annum for KRW 29.9% per annum from June 13, 2013 to the day of full payment.”

C. The Defendant appealed and appealed by the Supreme Court Decision 2014Da214830, but the judgment of dismissal was rendered on October 6, 2014, and the judgment subject to a retrial became final and conclusive upon delivery to the Defendant on October 13, 2014.

2. Whether the litigation for retrial of this case is legitimate

A. Since the Plaintiff’s assertion arbitrarily fabricated the amount of credit card use and its contents, there exists a ground for retrial falling under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial.

B. According to Article 451(1)6 of the Civil Procedure Act of the judgment, “when documents and other articles used as evidence of the judgment have been forged or altered,” the grounds for retrial are stipulated as grounds for retrial. However, in this case.

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