logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.11.28 2018재나266
손해배상(기)
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. On August 10, 2016, the Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for damages as the Ulsan District Court 2016 Ghana12345, and the Ulsan District Court rendered a judgment that partly accepted the Plaintiff’s claim.

Therefore, the defendant filed an appeal with the Ulsan District Court 2016Na3447, but the above court rendered a ruling dismissing the defendant's appeal on November 29, 2017 (hereinafter "the ruling on review").

In other words, the Defendant appealed by Supreme Court Decision 2017Da56561, but the decision subject to a retrial became final and conclusive on April 2, 2018.

2. Reopening of procedure against a final judgment rendered final and conclusive as to a request for retrial is permissible only where there exist grounds stipulated in the subparagraphs of Article 451(1) of the Civil Procedure Act. Therefore, where the ground alleged by the Plaintiff for retrial does not constitute

(See Supreme Court Decision 82Da14 delivered on September 14, 1982, etc.). However, the main purport of the Defendant’s assertion is to mislead the determination of the judgment subject to a retrial, which does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

3. In conclusion, the lawsuit of this case is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.

arrow