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(영문) 인천지방법원 2017.12.07 2017재나92
장비사용료
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

The following facts of the final judgment subject to review are clear in records or significant in this court:

On September 21, 2015, the Plaintiff filed an application for a payment order against the Defendant for the payment of the construction cost, etc., and the court of first instance rendered a favorable judgment citing both the Plaintiff’s claims in the litigation proceedings in which the Defendant raised an objection.

(In Incheon District Court 2015Gaga107178). Accordingly, although the defendant appealeds as Incheon District Court 2016Na4945, the above court dismissed the defendant's appeal (hereinafter "the subject decision of review") and the defendant appealed again to Supreme Court 2017Da15973 on July 11, 2017, the above court rendered a ruling dismissing the appeal on the same day.

In the case of Article 451(1)4 through 7 of the Civil Procedure Act concerning the grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act concerning the grounds for retrial under Article 451(1) of the judgment on the grounds for retrial, a lawsuit for retrial may be instituted only when a final judgment of conviction or a judgment of imposition of a fine for negligence becomes final or conclusive for reasons other than lack of

(Article 451(2) of the Civil Procedure Act. The defendant asserts that the judge in charge of the case tried and tried the case in response to a request from the parties, the forged evidence and stolen evidence have been submitted to the court, and that there is an error in the judgment by the witness making a false testimony.

However, the evidence presented by the defendant alone was found guilty of the criminal act (No. 4), the act of obstructing the judge from submitting the means of offence or defense that may affect the judgment (No. 5), the act of forging evidentiary documents (No. 6), and the false statement (No. 7) by the witness, etc.

A final and conclusive judgment of conviction for reasons other than lack of evidence shall not be recognized as impossible.

Therefore, among the lawsuits for review of this case.

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