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(영문) 서울남부지방법원 2017.10.19 2017재가단34
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

Reasons

1. Basic facts, the Plaintiff filed a lawsuit against the Defendants claiming damages against the Seoul Southern District Court 2010Kadan20796 by asserting that, while operating a business entity that manufactures and sells a trademark labelling on behalf of the Plaintiff, the Defendants embezzled money borrowed from the Plaintiff’s customers, and sought damages against the Defendants. The said court rendered a judgment dismissing the Plaintiff’s claim on July 9, 2010 on the ground that the extinctive prescription of the right to claim damages expires, and the fact that the said judgment became final and conclusive on August 3, 2010 due to the Plaintiff’s failure to file an appeal (hereinafter “the foregoing judgment”) is either deemed to be in accordance with the entries in Gap evidence 1 and the entire purport of pleadings or substantial facts with this court.

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

A. At the time of the hearing of the merits on the case subject to a review of the gist of the Plaintiff’s assertion, the Plaintiff did not conduct litigation in the state that the Plaintiff was unable to have a normal recognition and judgment ability due to brain diseases, and did not properly

This constitutes “when the judgment on important matters that might affect the judgment is omitted” under Article 451 subparag. 9 of the Civil Procedure Act, and thus, a review of the case subject to review should be conducted again.

B. 1) The subject-matter of a lawsuit for retrial is separate subject-matter of a lawsuit for retrial depending on the grounds for retrial, and the Plaintiff’s claim for retrial in this case constitutes grounds for retrial under Article 451 subparag. 9 of the Civil Procedure Act (hereinafter “when the judgment was omitted on important matters affecting the judgment”), and Article 456(3) of the Civil Procedure Act provides that “No lawsuit for retrial shall be instituted upon the lapse of five years after the judgment became final and conclusive,” and Article 451 subparag. 9 of the same Act provides that “The litigation for retrial of this case filed on the grounds of the matters stipulated in Article 451 subparag. 9 of the same Act shall be instituted.”

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