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(영문) 서울고등법원 2013.08.22 2012재나570 (1)
손해배상(기)
Text

1. The retrial of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

Since the duplicate of the instant complaint was served on the Defendant on February 20, 2013, and the lawsuit was pending, and thereafter, on March 19, 2013, the order was issued to the Plaintiff (Re-Appellant) for recognition and correction as to the instant case, but the Plaintiff failed to implement it within the period specified in the said order, it is so decided as per Disposition in accordance with Article 219 of the Civil Procedure Act.

[Plaintiff asserts that the rejection of a complaint may not be dismissed on the ground of lack of recognition on the ground that the dismissal ruling on the application for salvage was not final and conclusive. In light of the purport of Article 123 of the former Civil Procedure Act (amended by Act No. 6626 of Jan. 26, 2002), which provides that an immediate appeal may be filed against a dismissal ruling on the application for salvage in a lawsuit without attaching a prescribed stamp when the Plaintiff submitted a complaint, a complaint shall not be dismissed on the ground that the Plaintiff does not have the recognition of the complaint before the dismissal ruling on the application for salvage becomes final and conclusive (Supreme Court Order 2002Ma3411 dated Sept. 27, 2002). However, in this case, the Plaintiff applied for recognition, delivery fees, and attorney's expenses for the reason that the Plaintiff had already been economically distressed by the court 2013Ka-gu472, but the said dismissal ruling of the Supreme Court became final and conclusive on April 4, 2013.

In addition, even though the Plaintiff applied for a litigation on the same ground under this Court No. 2013Kadan952, this Court dismissed this case on July 12, 2013, and even though the Plaintiff was dissatisfied with this, the Plaintiff did not add new grounds or new explanatory materials.

In addition, 2013Ka-gu 1183, which the plaintiff applied again, is based on the same evidence as the same reason.

If so, even if the court's decision of dismissal has not become final and conclusive on the plaintiff's application for a new lawsuit aid or objection to it, the above two applications for a lawsuit aid have already been filed.

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