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(영문) 울산지방법원 2017.11.29 2017재나61
용역비반환
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. Notwithstanding the fact that a lawsuit for retrial in this case was dismissed and finalized in several courts on the same ground, it would result in bullying by the other party, and that such a lawsuit may not be permitted as an 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 petition for retrial (see, e.g., Supreme Court Decision 2005Da174, 2006NaNa106, 207NaNa109, 207NaNa144, 208NaNa144, 2010NaNa245, 2011NaNa45, 2012Na 196, 2015Na364) against the judgment subject to retrial on eight occasions, even though it is identical or similar to the records of this case.

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 lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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