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(영문) 서울중앙지방법원 2017.05.23 2015가단190656
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant's claim against the plaintiff 1 : 1) The defendant (the former trade name: C) is limited to D (hereinafter "D").

(D) On the ground that D’s credit card-use claim against the Plaintiff was acquired by transfer from the Plaintiff, the claim against the Plaintiff for acquisition amount under this Court No. 2011 Ghana2710847 (hereinafter “previous case”).

(2) On November 1, 2012, the Plaintiff filed a subsequent appeal against the previous judgment of the first instance court, and accordingly, filed an appellate court as the court 2013Na2411. On June 18, 2013, the said appellate court dismissed the Plaintiff’s appeal on the ground that the failure of the Plaintiff to observe the time limit for the appeal cannot be deemed due to any cause not attributable to the Plaintiff.

3) The Plaintiff asserted as follows, and filed a petition for review with the Seoul Central District Court 2015Na387 on the previous case. On April 24, 2017, the said court rendered a ruling dismissing a petition for review on the ground that there was no ground for retrial. (A) Since the application for accession or loan documents submitted by the Defendant as evidence in the previous case were forged, there was a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the previous judgment.

B) The Plaintiff received only a payment order in the previous case, and did not know the progress of the lawsuit since it did not receive at all the notification or documents related to the lawsuit at the date of pleading in the first instance court and the appellate court.

The Defendant forged and submitted data, such as the Plaintiff’s address history information, to the court.

Nevertheless, the previous appellate court's judgment dismissing the plaintiff's appeal for the subsequent completion of appeal is unfair.

B. The Plaintiff in the relevant case is the Defendant, D, etc. related to the previous case.

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