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(영문) 부산지방법원 2016.04.01 2015재나132
추심금
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 are apparent in the records of the judgment subject to a retrial:

On December 20, 2011, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the collection amount under Busan District Court Decision 201Da1175, and the above court rendered a judgment dismissing all the Plaintiff’s claims on December 20, 201, and filed an appeal under Busan District Court Decision 2012Na112, but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on November 1, 2012 (hereinafter referred to as “ judgment subject to a retrial 1”) and again filed an appeal with the Supreme Court Decision 2012Da11135, the Supreme Court dismissed the Plaintiff’s appeal on February 15, 2013, thereby became final and conclusive.

B. Since then, the Plaintiff filed a petition for retrial with Busan District Court 2013Na46, which became an original judgment subject to a retrial. However, on September 27, 2013, the said court rendered a judgment dismissing the Plaintiff’s petition for retrial (hereinafter “instant judgment subject to a retrial”). On October 7, 2013, the judgment was served on the Plaintiff on October 7, 2013, and the second judgment subject to a retrial became final and conclusive on October 22, 2013.

C. Accordingly, the Plaintiff filed a petition for retrial with Busan District Court 2013Na251 based on the Plaintiff’s judgment subject to a judgment subject to a retrial. However, on September 18, 2014, the said court rendered a judgment dismissing the Plaintiff’s petition for retrial (hereinafter “decision subject to a retrial 3”). On September 24, 2014, the judgment served on the Plaintiff on September 24, 2014, and the judgment subject to a retrial 3 became final and conclusive on October 9, 2014.

After that, the Plaintiff filed a petition for retrial with Busan District Court 2014Na265, which decided that the judgment subject to a retrial was subject to a retrial. However, on June 19, 2015, the above court rendered a judgment dismissing the Plaintiff’s petition for retrial on the ground of abuse of the right to file a petition for retrial (hereinafter referred to as “the judgment subject to a retrial 4”), and the judgment was served on the Plaintiff on June 30, 2015, and the judgment subject to a retrial 4 became final and conclusive on July 15, 2015.

2. The plaintiff's assertion

A. The defendant is C.

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