(영문) 수원지방법원 2021.01.20 2020재나99

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(영문) 수원지방법원 2021.01.20 2020재나99

양수금

Text

1. The lawsuit of this case shall be dismissed.

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

claim, purport of claim,

Reasons

1. The following facts, which became final and conclusive in the judgment subject to review, do not conflict between the parties or are apparent in records:

A. On November 6, 2008, the Plaintiff filed a lawsuit against the Defendant seeking the amount of acquisition by transfer with the Suwon District Court 2008 Ga court 2008 Ga court 32723, and the above court rendered a judgment accepting all the Plaintiff’s claims.

B. As to this, the Defendant appealed to the Suwon District Court No. 2019Na3759. On May 26, 2020, the above court rendered a judgment that partially accepted the Plaintiff’s claim on May 26, 2020 (hereinafter “the judgment subject to a retrial”). The judgment subject to a retrial became final and conclusive on June 17, 2020 because both the Plaintiff and the Defendant did not appeal.

2. Although the plaintiff's claim against the defendant against the defendant was due to fraudulent use in the name of the defendant, the plaintiff filed a lawsuit against the defendant against the defendant and received some judgment subject to a retrial. Therefore, the above judgment has grounds for retrial.

3. A lawsuit for a retrial is allowed only when there are the grounds stipulated in each subparagraph of Article 451 of the Civil Procedure Act. Thus, if the grounds alleged by the defendant do not constitute such grounds, the lawsuit for a retrial is unlawful (see Supreme Court Decision 87ReDa24, Dec. 8, 1987). In such a case, the above grounds asserted by the defendant merely indicate that there are errors in the misunderstanding of facts or misunderstanding of legal principles as to the judgment subject to a retrial, and it does not fall under the grounds stipulated in each subparagraph of Article 451 of the Civil Procedure Act, and thus, the lawsuit for a retrial

4. As such, the lawsuit of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.

참조판례

-대법원 1987. 12. 8. 선고 87재다24 판결

유사 판례

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