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(영문) 수원지방법원 2020.10.08 2019재나208
손해배상(기)
Text

1. Of the litigation for retrial of this case, the part of the litigation for retrial based on the grounds for retrial under Article 451(1)6 of the Civil Procedure Act.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit claiming damages against the Defendant, which stated that “the Defendant shall pay to the Plaintiff KRW 6,732,00 and delay damages therefrom,” under the Suwon District Court Ansan Branch Decision 2017 Ghana504, the Plaintiff filed a lawsuit claiming damages against the Defendant. However, the said court rendered a judgment dismissing the Plaintiff’s claim on May 15, 2018.

B. In response to the judgment of the court of first instance, the Plaintiff filed an appeal with the Suwon District Court 2018Na6089, and deposited KRW 6,732,00,00, which is equivalent to the price of the goods, to D, in the case of Suwon District Court 2016Na58974 (the main lawsuit), and 2016Na5891 (Counterclaim), regardless of the instance of the instant case (hereinafter referred to as “instant case”), the Defendant provided the Defendant with a cargo tracking statement (hereinafter referred to as “the present situation report of this case”), which is different from the facts, to C, who is the operator of the Defendant’s sexual branch. C submitted the present situation report to the appellate court related to the instant case, and C subsequently deposited KRW 6,732,00,000, which is equivalent to the goods

“The Defendant filed a claim for damages with the Defendant, but the above court rendered a judgment dismissing the Plaintiff’s appeal on April 25, 2019 (hereinafter referred to as “the judgment on review”).

A. The Court rendered a ruling.

C. The Plaintiff, who is dissatisfied with the judgment subject to a retrial, filed an appeal with Supreme Court Decision 2019Da13797, but the said court rendered a judgment dismissing the Plaintiff’s appeal on August 29, 2019, and accordingly, the judgment subject to a retrial became final and conclusive.

2. Determination as to the existence of a ground for retrial

A. The Plaintiff’s assertion 1) 3-1 and 2-2 of the present status of this case, each of which was forged, there exist grounds for a retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial (the Plaintiff’s petition for a retrial). 2) Since a copy of the transport document No. 7-1 and 2-1 and 7-2 of the judgment subject to a retrial has been modified, there are grounds for a retrial under Article 451(

The plaintiff.

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