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(영문) 수원지방법원 2017.01.26 2016재나16
계약해지를 원인으로 한 원상회복
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 following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent to this court or are apparent in the records of this case.

In Suwon District Court case 201Da16628 (hereinafter “the first instance court of this case”), the above court rendered a judgment accepting the Plaintiff’s claim on November 24, 201.

B. In Suwon District Court 201Na45344, the Defendant’s appeal against the judgment of the first instance court of this case, the said court rendered a judgment dismissing the Defendant’s appeal on January 22, 2013 (hereinafter “instant judgment subject to a retrial”).

C. Supreme Court Decision 2013Da20885 Decided July 11, 2013, which led to the Defendant’s final appeal, the Supreme Court rendered a ruling dismissing the final appeal, which became final and conclusive accordingly.

2. Determination on the grounds for retrial

A. The gist of the Defendant’s ground for retrial lies in the grounds for retrial under Article 451(1)7 of the Civil Procedure Act (when a false statement by a witness and an interpreter or a false statement by a party or legal representative becomes evidence of the judgment) in a damages suit filed by the Defendant against C (U.S. District Court Decision 2013Da407555). As such, the instant judgment subject to retrial was rendered by deceiving the court, thereby deceiving the court.

B. Article 451(1)7 of the Civil Procedure Act provides that "when the false statement of a witness is admitted as evidence for a judgment" refers to the case where the witness makes a false statement in the court which directly examines the case subject to a retrial, and the false statement becomes materials for fact-finding which form the basis of the judgment order, the case where the witness makes a false statement as a witness in another civil or criminal case other than the case subject to retrial, shall not be included in the grounds for retrial under Article 451(1)7 of the Civil Procedure Act.

I would like to say.

Supreme Court Decision 97Da3729 delivered on March 28, 1997, etc.

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