(영문) 제주지방법원 2015.04.10 2014가단5462

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(영문) 제주지방법원 2015.04.10 2014가단5462

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Han used Family Village of Persons of Distinguished Service to the State for the payment of the construction cost of KRW 370,000,000 at this Court No. 2007Gahap183 (hereinafter “ Han used Family Village”) (the latter case was deliberated upon by filing a counterclaim with the court No. 2007Gahap3014), and the above court rendered a ruling that some of the Plaintiff received the Plaintiff’s claim on June 11, 2009.

B. On October 13, 2010, the Plaintiff appealed as the Gwangju High Court ( Jeju), 2009Na534, and the said court rendered a judgment subject to a retrial that partially accepted the Plaintiff’s appeal against the principal lawsuit.

The plaintiff appealed as the Supreme Court Decision 2010Da90777(principal suit), but the Supreme Court rendered a judgment dismissing the appeal, which became final and conclusive on January 19, 2011.

C. On September 25, 2013, the Defendant, who appeared as a witness of the first instance trial and testified, was sentenced to a conviction of 8 months of imprisonment, 2 years of suspended execution, 2 years of community service, 240 hours of conviction (2013Kadan156), and the Defendant’s appeal and appeal were dismissed, and the said criminal judgment became final and conclusive.

The Plaintiff filed a lawsuit for a retrial by asserting that the Plaintiff was sentenced to a judgment subject to a retrial that partially accepted the Plaintiff’s claim due to the Defendant’s false statement in the Gwangju High Court ( Jeju) 2014Na55, but the said court rendered a judgment dismissing the Defendant’s request for a retrial on the ground that the Defendant’s testimony did not affect the fact-finding or the order of the judgment subject to a retrial, and that the

[Ground of recognition] Facts without dispute, Gap's entries in Gap's evidence Nos. 11, 14, 15, 16, 17, 20, 30, and 31, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion is based on the following: (a) the Defendant’s perjury was given to the Plaintiff in a lawsuit claiming construction cost between the Plaintiff and the Handong-si relationship; and (b) the conclusion of the judgment is distorted.

유사 판례

-광주고등법원(제주) 2015.02.04 2014재나55

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-광주고등법원 2016.09.21 2015재나28

-서울고등법원 2014.11.14 2014재나376

-수원지방법원 2015.05.29 2014재나265