(영문) 서울남부지방법원 2016.02.16 2015재나123

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(영문) 서울남부지방법원 2016.02.16 2015재나123

채무부존재확인

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. Following the confirmation of the judgment subject to a retrial is remarkable or certain in the records in this court. A.

The Plaintiff filed a lawsuit against the Defendant in Seoul Southern District Court No. 2014Kadan448, and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on June 25, 2014.

B. The Plaintiff appealed against the judgment of the first instance court and filed an appeal with Seoul Southern District Court 2014Na54248, but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on December 26, 2014 (hereinafter “the judgment on review”). The judgment subject to review became final and conclusive on January 21, 2015 because the Plaintiff did not file an appeal.

2. Determination on the legitimacy of a retrial suit

A. The summary of the Plaintiff’s assertion is that the Defendant deposited KRW 1,535,586 with the Plaintiff as the deposited person on February 13, 2001, the Plaintiff’s resident registration number “G” as the deposited person stated in the deposit certificate No. 463 of the Seoul District Court Southern Branch of the Seoul District Court in 2001. This constitutes a ground for retrial under Article 451(1)6 of the Civil Procedure Act, and thus, the judgment subject to retrial should be revoked.

B. Article 451(1)6 of the former Civil Procedure Act provides that “when the documents and other articles as evidence of the judgment have been forged or altered,” as one of the grounds for retrial, Article 451(1)6 of the said Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive in the case of paragraph (1) 4 through 7, or it is impossible to make a final and conclusive judgment of conviction or a final and conclusive judgment of imposition of a fine for negligence for reasons other than lack of evidence, a lawsuit may be brought for retrial.” Article 451(2) of the said Act provides that “The requirements of Article 451(1)4 through 7 of the said Act are to prevent harm to the remaining lawsuit. Therefore, if the requirements of paragraph (2) of the said Article are not satisfied

참조조문

-민사소송법 제451조 제1항 제6호

-민사소송법 제451조 제2항

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