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(영문) 부산지방법원 2016.11.25 2016재나122
손해배상(기)
Text

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

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

Reasons

1. The following facts are remarkable or obvious to be recorded in the court of the relevant trial:

The Plaintiff filed a lawsuit against the Defendant, as stated in Busan District Court Decision 2012Gaso238535, seeking the payment of damages as stated in the purport of the claim, and the above court rendered a judgment dismissing the Plaintiff’s claim on July 3, 2013 (hereinafter “the first instance judgment”).

B. On May 2, 2014, the Plaintiff appealed to the Busan District Court Decision 2013Na13105 (hereinafter “Case subject to Review”), and the said court rendered a ruling dismissing the Plaintiff’s appeal (hereinafter “the instant judgment on review”) on May 2, 2014, and the said judgment became final and conclusive on May 23, 2014.

C. Meanwhile, E testified as a witness in a case subject to retrial was prosecuted for summary facts constituting the following perjury, and was issued a summary order of KRW 1 million by the Incheon District Court Decision 2014 High Court Decision 2014 High Court Decision 24047 Decided November 28, 2014, and filed for formal trial with the same court as 2014 High Court Decision 201Mo4307, but the request for formal trial was withdrawn and finalized on February 26, 2015.

The Defendant made a false statement contrary to memory even though he knows that the species of the species are industrial wastes and the species of the species may not be produced by using the species of the species, and that the species of the species can only be produced by the species of the species of the species, but the species of the species may be produced by the species of the species of the species.

2. Before the review of the Plaintiff’s assertion, the appellate court did not accept the Plaintiff’s request using the witness E’s testimony as evidence, but the above E was finally convicted due to perjury in the case subject to review.

Therefore, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.

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

A. The phrase “when the false statement of a witness becomes evidence of the judgment” as a ground for a retrial under Article 451(1)7 of the Civil Procedure Act means the fact-finding that the witness’s false statement affects the text of the judgment.

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