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(영문) 대법원 2016.12.15 2016재다1593
매매대금
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for retrial shall be examined.

The plaintiff (hereinafter "the plaintiff") asserts that there is a ground for retrial under Article 451 (1) 9 and 10 of the Civil Procedure Act in the judgment for retrial, since the judgment for retrial was omitted from the judgment for retrial and it was contrary to the Supreme Court's final judgment previously rendered.

However, as long as an argument on the grounds of appeal by the original judgment falls under a ground for rejection of a trial under the Act on Special Cases Concerning the Procedure for Appeal, the original judgment omitted a judgment on the grounds of appeal, unless it further examines and dismisses

or against the previous judgment of this court, there is no room for

(see, e.g., Supreme Court Decision 2008Reda502, Feb. 12, 2009). Other grounds for retrial asserted by the Plaintiff do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

Therefore, the plaintiff's request for retrial is dismissed as it is without merit, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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