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(영문) 춘천지방법원강릉지원 2020.07.21 2018재나140
증서진부확인
Text

1. The plaintiff's petition for retrial is dismissed.

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

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.

The Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (Defendant for review; hereinafter “Defendant”) to confirm the authenticity of the “Supplementary List” in the attached Form No. 2017Kadan966 against the Defendant (hereinafter “Defendant”).

B. On October 17, 2017, the first instance court rendered a judgment dismissing a lawsuit on the grounds that the document stating the name, address, and contact information of several persons including the Defendant is merely a document stating the name, address, and contact information of the Defendant, and thus, it does not directly prove the existence of certain legal relations from the content thereof, and thus, it cannot be the object of a lawsuit confirming the authenticity of the document.

C. On May 15, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) against the judgment of the first instance, and appealed by this Court No. 2018Na29, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal.

Therefore, the Plaintiff appealed to the Supreme Court Decision 2018Da27621, but the Supreme Court dismissed the Plaintiff’s appeal on August 30, 2018 pursuant to Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, and the said judgment became final and conclusive on September 3, 2018.

2. The judgment of this Court

A. In the judgment subject to a retrial by the Plaintiff, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other items as evidence of the judgment have been forged or altered).

B. The Plaintiff asserts that the grounds for retrial under Article 451(1)6 of the Civil Procedure Act were forged, and thus, there exists a ground under Article 451(1)6 of the Civil Procedure Act in the instant judgment subject to retrial.

Article 451(1)6 of the Civil Procedure Act provides that “when documents and other articles used as evidence for judgment have been forged or altered,” a ground for retrial. Article 451(2) of the Civil Procedure Act provides that “when documents and other articles used as evidence for judgment have been forged or altered,” and Article 451(1)4 through 7 of the same Act.

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