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(영문) 서울남부지방법원 2020.02.07 2019재나39
용역비
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. The summary of the Defendant’s assertion constitutes a case where there exist grounds for retrial under Article 451(1)6 of the Civil Procedure Act by adopting and determining the curriculum vitae, etc. of C, who is not entitled to represent the Plaintiff, as evidence. Therefore, the judgment subject to retrial ought

2. A lawsuit for retrial shall be brought within 30 days from the date on which the grounds for retrial became known after the judgment subject to retrial became final and conclusive

(Article 456(1) of the Civil Procedure Act. However, even if the Defendant asserts that there was a cause for a retrial in the judgment subject to a retrial on October 22, 2019, it is apparent in the record that the instant lawsuit was filed on December 3, 2019, which had been 30 days after the said 30-day period had elapsed, and thus, the instant lawsuit for a retrial is unlawful solely by the Defendant’s assertion against the said period for filing a retrial.

3. As such, the instant lawsuit for retrial is unlawful, and thus, the instant lawsuit for retrial is dismissed without holding any pleadings pursuant to Articles 455 and 219 of the Civil Procedure Act. It is so decided as per Disposition.

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