logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.13 2017재나72
물품대금
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

Reasons

1. Determination on the legitimacy of the litigation for retrial of this case

A. Since the Plaintiff’s assertion that the judgment subject to a retrial became final and conclusive and submitted a list of transactions evidencing that he/she supplied food materials equivalent to KRW 1,530,700 to the Defendant, the dismissal of the Plaintiff’s claim should be revoked.

B. A lawsuit for a retrial on a final and conclusive judgment shall be permitted only when there exists a ground stipulated in Article 451(1) of the Civil Procedure Act, and where the ground alleged by the Plaintiff does not constitute such ground, the lawsuit for

Inasmuch as the Plaintiff’s discovery of evidence later does not constitute grounds for retrial under Article 451(1) of the Civil Procedure Act, a lawsuit for retrial on this ground is unlawful.

2. The instant lawsuit for retrial constitutes an unlawful lawsuit and thus, cannot be corrected (this court ordered correction as to whether the Plaintiff constitutes grounds for retrial under Article 451(1) of the Civil Procedure Act within seven days from the date of delivery of the order of correction via the correction of November 22, 2017, but the Plaintiff submitted an application for the extension of the due date of correction on December 1, 2017, and did not make amendments up to the present date). It is so decided as per Disposition without holding any pleadings pursuant to Articles 455 and 219 of the Civil Procedure Act.

arrow