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(영문) 전주지방법원 2020.09.16 2019재나99
대여금
Text

1. The plaintiff's petition for retrial is dismissed.

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

Reasons

1. On November 24, 2017, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Jeonju District Court 2017Gaso42964, and on which November 24, 2017, the judgment accepting the Plaintiff’s claim was rendered by the above court, and the Defendant appealed with the Jeonju District Court 2017Na14829 and was sentenced to a judgment partially accepting the Defendant’s appeal from the above court on May 10, 2019 (Review Decision). As to this, the Plaintiff appealed with the Supreme Court 2019Da14653 and the judgment dismissing the Plaintiff’s appeal from the above court on October 17, 2019 is clear in the record that the judgment for a retrial became final and conclusive.

2. There are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to retrial.

3. According to Article 451(1)7 of the Civil Procedure Act of the judgment, “when the false statement by a witness, expert witness, or interpreter, or the false statement by a party or legal representative, becomes evidence of the judgment” is a ground for retrial. However, the Plaintiff asserted that the judgment subject to retrial erred in the loan certificate and the content of the letter of delegation of notarial deed, and the Plaintiff did not perform witness examination, expert witness examination, interpretation, or party examination in the case subject to retrial. Therefore, it is difficult to deem that there exists any ground for retrial asserted by

4. Thus, the plaintiff's request for retrial of this case is dismissed as it is without merit. It is so decided as per Disposition.

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