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(영문) 서울중앙지방법원 2019.06.12 2019나288
소송비용반환 및 위자료청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff asserts that the defendant is responsible for compensating for damages, since he/she received a favorable judgment due to a false fact in a lawsuit claiming compensation against the defendant and suffered mental suffering, such as having the plaintiff bear the costs of lawsuit.

In full view of the overall purport of the arguments in evidence Nos. 1 through 7, the plaintiff filed a lawsuit against the defendant as Seoul Central District Court 2013Da640694 on the ground of medical negligence, but dismissed the plaintiff's claim in the above court. The plaintiff filed an appeal as Seoul Central District Court 2014Na979, but the above appellate court dismissed the plaintiff's appeal. The plaintiff again appealed as the Supreme Court 2014Da384566, but the Supreme Court dismissed the plaintiff's appeal. After which the plaintiff filed a lawsuit against the above appellate court as Seoul Central District Court 2015Da38459, the plaintiff was dismissed, and the second appeal was again dismissed, and the plaintiff appealed as Seoul Central District Court 2015Da27665, which was dismissed by the Supreme Court 2016Da276655, but the Supreme Court dismissed the plaintiff's appeal. Thus, the circumstance or evidence alleged by the plaintiff cannot be found otherwise due to the defendant's tort.

Furthermore, since the Defendant’s claim for litigation costs against the Plaintiff and the Plaintiff’s burden of litigation costs are based on a trial on the burden of final and conclusive judgment, it is difficult to deem that any tort is recognized to the Defendant.

Therefore, the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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