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(영문) 부산지방법원 2019.10.18 2019재나130
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, ..

Reasons

1. Following the conclusion of the judgment subject to review is recognized by the records of this case.

A. The Plaintiff filed a lawsuit against the Defendants to the effect that “the Defendants jointly and severally filed with the Plaintiff KRW 57,335,140, and the Appointor of the judgment subject to a review (hereinafter “the indication” of the judgment subject to a review”) 2,000,000 won for each of the above amounts to KRW 1,000,000,000,000,000 for each of the above amounts, and Defendant C shall pay to the Plaintiff KRW 1,80,000 and damages for delay.”

On February 13, 2009, the first instance court rendered a judgment that partly accepted the claims of the plaintiff and the designated parties.

(The first instance judgment). B.

On June 18, 2010, the appellate court rendered a judgment that dismissed both the Plaintiff’s appeal and the claim extended in the appellate court’s appeal on June 18, 2010.

(Judgment of review).

On October 14, 2010, the Supreme Court dismissed the Plaintiff’s appeal, and the judgment for review became final and conclusive.

2. The judgment subject to a retrial, which held that the Plaintiff had no physical disability due to the instant accident, was false, even though the physical appraisal statement at the time of the first instance trial prior to the Plaintiff’s assertion was false, there was a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial that determined that the Plaintiff had no physical disability.

3. Determination as to the legitimacy of the litigation for retrial of this case

A. Article 451(1)6 of the Civil Procedure Act provides that “When documents and other articles used as evidence of a judgment have been forged or altered, the grounds for retrial shall be determined as grounds for retrial.”

However, in the case of Article 451 (2) 4 through 7 of the Civil Procedure Act, when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive, or for reasons other than lack of evidence, a final and conclusive judgment of conviction or a fine for negligence cannot be made.

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