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(영문) 울산지방법원 2014.04.01 2013재가단55
손해배상(기)
Text

1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. The following facts are clear on the records.

On July 2009, the Plaintiff filed a claim for damages against the Defendant as the Ulsan District Court 2009Kadan21712.

In the above lawsuit, the plaintiff asserted that the defendant was detained and subject to criminal punishment despite having appeared as a witness in the lawsuit claiming a loan, Ulsan Branch of Busan District Court 95 Ghana14520, and that the plaintiff claimed a consolation money for mental damage suffered by the plaintiff against the defendant. However, on December 16, 2009, the court rendered a ruling to dismiss the plaintiff's claim on the ground that there is insufficient evidence to prove that the defendant issued a perjury (the judgment of review) and the above judgment became final and conclusive thereafter.

2. The plaintiff's assertion and judgment were that the defendant did not accept the judgment subject to a retrial despite the defendant's perjury 95 Ghana 14520 of the above Busan District Court's Ulsan District Court's 95 Ghana 14520, which constitutes a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, which constitutes "when the judgment was omitted on important matters that may affect the judgment."

However, according to the facts acknowledged earlier, the judgment subject to a retrial was clearly determined by the Defendant that there was no perjury in the above Busan District Court’s 95 Ghana14520, and the above grounds for retrial asserted by the Plaintiff do not constitute grounds for a retrial under Article 451(1) of the Civil Procedure Act, in itself, from the perspective of its assertion.

3. Conclusion, the plaintiff's request for retrial of this case is dismissed as there is no ground.

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