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(영문) 전주지방법원 2017.06.08 2016나3136
손해배상(기)
Text

1. The plaintiff (the plaintiff)'s appeal is dismissed.

2.Article 451(1)6 of the Civil Procedure Act added at the trial.

Reasons

1. The reasoning of this court’s acceptance of the judgment of the first instance is as follows, inasmuch as the reasoning of the judgment of the first instance is identical to the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Additional matters to be determined;

A. The gist of the Plaintiff’s assertion 1) The table used as a ground for retrial under Article 451(1)6 of the Civil Procedure Act is generally a solid concrete outer wall. The Defendant submitted a picture of 6,026 points above the ground without concrete reinforcement in the process of the judgment subject to retrial. In light of this, the Defendant presented false and altered evidence in the process of the judgment subject to retrial. The judgment subject to retrial dismissed the Plaintiff’s claim based on this. Therefore, the judgment subject to retrial under Article 451(1)6 of the Civil Procedure Act has a ground for retrial under Article 451(1)7 of the Civil Procedure Act. 2) Although the Defendant should make a survey by putting the national standard point of the grounds for retrial under Article 451(1)7 of the Civil Procedure Act, the Defendant did not use it as a false coordinate in the process of the judgment subject to retrial.

Since the judgment subject to a retrial dismissed the Plaintiff’s claim based on such false statement, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.

B. Article 451(1)6 of the Civil Procedure Act provides that “when a document or any other article used as evidence for a judgment has been forged or altered,” under Article 451(1)7 of the same Act provides that “when a false statement by a witness, appraiser, interpreter, or a false statement by a party or legal representative has become evidence for a judgment” shall be deemed grounds for retrial. However, Article 451(2) of the Civil Procedure Act provides that a person shall be punished in cases falling under Article 451(1)4 through 7 of the Civil Procedure Act.

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