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(영문) 대법원 2016.12.29 2015재다1657
손해배상(기)
Text

All requests for retrial are dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

Reasons

The grounds for request for retrial shall be examined.

1. In order to file a lawsuit for a retrial against a judgment of the court of final appeal, the litigation proceedings or judgment of the court of final appeal must have the grounds provided in each subparagraph of Article 451(1)

The court of final appeal shall not hold a position of fact-finding unless it is a matter of ex officio investigation, but it is only the determination of evidence and the legitimacy of fact-finding by the second instance court which is a fact-finding court, and the facts duly confirmed by the fact-finding

Therefore, the facts related to the forgery and alteration of the documentary evidence under Article 451 (1) 6 of the Civil Procedure Act are related to the forgery and alteration of the documentary evidence under Article 451 (1) 7 of the Civil Procedure Act, or as to the false statement of a party or legal representative under the newspaper of the party concerned, the grounds for fact-finding itself, unless it relates to the matters to be examined ex officio, shall not

(2) On February 12, 2015, the Plaintiff’s assertion in the instant case appears to the purport that there exist grounds for retrial under Article 451 subparag. 6 through 7 of the Civil Procedure Act in the judgment subject to retrial. However, in light of the aforementioned legal principles and records, the aforementioned assertion is not related to the fact-finding of the matters to be ex officio in the final appeal, and thus cannot be a legitimate ground for retrial.

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

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