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(영문) 부산지방법원 2018.09.13 2018재나41
손해배상(기)
Text

1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of the review are assessed against the plaintiff (the plaintiff and the selected party).

Reasons

1. The plaintiff filed a lawsuit against the defendants as Busan District Court Decision 2008Gadan84546, which partially accepted the claims of the designated parties other than the plaintiff and the plaintiff on February 13, 2009. The plaintiff appealed as Busan District Court Decision 2009Na5947, which dismissed the plaintiff's appeal and the claims extended at the above appellate court on June 18, 2010. The above appellate court rendered a ruling dismissing the plaintiff's appeal on June 18, 2010, and appealed as Supreme Court Decision 2010Da56906, but the Supreme Court dismissed the plaintiff's appeal on October 14, 2010. The original copy of the judgment was served on the plaintiff on October 15, 2010, and it is obvious or obvious that the records of the judgment become final and conclusive.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The plaintiff's assertion that, although the physical appraisal statement at the time of the first instance trial before the retrial was false, the plaintiff's assertion that there was a ground for retrial under Article 451 (1) 6, 7, and 9 of the Civil Procedure Act in the judgment subject to a retrial that the plaintiff had no physical disability due to the accident in this case.

The Plaintiff stated only Article 451(1)7 of the Civil Procedure Act as grounds for retrial in the instant petition for retrial, but additionally stated Article 451(1)6 and 9 of the Civil Procedure Act as grounds for retrial on August 7, 2018. As such, each of the above grounds for retrial should be determined.

B. The grounds for retrial under Article 451(1)6 or 7 of the Civil Procedure Act are first reasons for retrial under Article 451(1)6 or 7 of the Civil Procedure Act. As to the existence of grounds for retrial under Article 451(1)6 or 7 of the Civil Procedure Act, Article 451(2)4 through 7 of the Civil Procedure Act.

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