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(영문) 대법원 2016.07.14 2015재다2049
보험금
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

The summary of the grounds for the request for retrial of this case is that the reasons for the request for retrial of this case are not stated in accordance with Article 4 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court and it is unfair and incomplete and it is erroneous in

However, there is no omission of determination as to the grounds of appeal in a judgment dismissing the appeal without further deliberation on the ground of appeal that the assertion on the grounds of appeal falls under the grounds of non-judicial review under the Act on Special Cases Concerning the Procedure for Appeal, and thus, it cannot be considered as grounds for retrial under Article 451(1)9 of the Civil Procedure Act (see, e.g., Supreme Court Decisions 95Nu176, Feb. 13, 1996; 2008Da502, Feb. 12, 2009). The remainder of the grounds of appeal by the Plaintiff does not constitute grounds for retrial under any subparagraph of Article 451(1) of the Civil Procedure Act.

Therefore, the retrial costs are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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