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(영문) 서울고등법원 2014.01.21 2012재나952
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

Before determining the Defendant’s grounds for retrial, we examine ex officio whether the litigation of this case is legitimate.

The exercise of the right of a trial is also regulated by the principle of trust and good faith in order to protect the other party and to secure judicial function, and it is evident that the court cannot accept the request for a retrial on several occasions for the same reason that it is evident that it cannot be accepted by law even though it has been rejected due to the same reason, it would result in bullying of the other party, and further makes it unnecessary to use the judicial manpower. Therefore, such a lawsuit is not allowed as it abuse of the right of lawsuit, unless there are special circumstances.

(2) In light of the legal principles as seen earlier, the Defendant’s claim that there was a cause for a retrial under Article 451(1)9 or 451(1)9 of the Civil Procedure Act regarding the judgment subject to a retrial, and that there was a cause for retrial under Article 451(1)9 or 10 of the same Act, and that the Defendant repeatedly filed a suit for retrial under Article 207(1)9 or 456 of the same Act, 2009, 2009, 556, 2010, 201, or 481 of the same Act with respect to the judgment subject to a retrial, the fact that the dismissal or dismissal in each of the above rulings is obvious to the court is unlawful. Thus, according to the legal principles as seen earlier, the Defendant’s lawsuit for retrial is unlawful since it constitutes abuse of the right to institute a lawsuit in the instant case.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the retrial of this case.

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