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(영문) 대법원 2017.01.25 2016재다50342
손해배상(의)
Text

All requests for retrial are dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

Reasons

The grounds for request for retrial shall be examined.

Since there is no omission in the determination of the grounds of appeal in the judgment subject to a retrial, which dismissed a final appeal due to a lack of deliberation, this cannot be deemed grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

(see, e.g., Supreme Court Decision 95Da212, Nov. 28, 1995). Other grounds for retrial asserted by the Plaintiff (Plaintiffs) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act. Moreover, even upon examining records, the grounds for retrial under each of the above subparagraphs cannot be found in the judgment subject to retrial.

Therefore, all of the appeals are dismissed, 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 on the bench.

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