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(영문) 울산지방법원 2019.10.17 2019재나218
손해배상(국)
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. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

On September 8, 2010, the Plaintiff filed a lawsuit against the Defendant for payment of KRW 2,00,00 according to the loan and joint and several surety contract with the Plaintiff, and upon the death of the Plaintiff, the Plaintiff filed a lawsuit against the heir C and D seeking payment of the said money under the Ulsan District Court 2005No37492. The aforementioned judgment was dismissed by the judge who is a public official belonging to the Defendant (the above court dismissed the Plaintiff’s claim on September 27, 2005). The Plaintiff appealed on September 27, 2005 with the Ulsan District Court 2005Na36499, but dismissed the appeal on January 25, 2007, and the judgment was finalized on May 31, 2007, which became final and conclusive on the same day, and on the same day, hereinafter referred to as “the aforementioned judgment,” 2010Da36499, 3601, 2010.

B. On October 27, 2011, the Plaintiff appealed as the Ulsan District Court 201Na3220, and the above court rendered a judgment dismissing the Plaintiff’s appeal on October 27, 201 (hereinafter “the judgment on review”) and the above judgment became final and conclusive on November 16, 201.

2. The lawsuit for a retrial on the final judgment that became final and conclusive as to the legitimacy of the lawsuit for retrial of this case is permitted only when there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, the lawsuit for retrial instituted on the ground that

(see, e.g., Supreme Court Decision 87Reda24, Dec. 8, 1987). The gist of the Plaintiff’s ground for the request for retrial is as follows.

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