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(영문) 서울고등법원 2015.12.04 2015재나458
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. The following facts, including the confirmation of the judgment subject to a retrial, are apparent in records:

The Plaintiff filed a lawsuit against the Defendant as Seoul Southern District Court 2009Gahap28159, but was sentenced on May 27, 2010 by the above court to dismiss the Plaintiff’s claim.

B. The Plaintiff filed an appeal against the judgment of the first instance court as Seoul High Court No. 2010Na52326, but was sentenced on January 13, 201 by the said court to dismiss the Plaintiff’s appeal.

C. The Plaintiff filed an appeal against the judgment subject to a retrial with Supreme Court Decision 201Da11078, but the Supreme Court dismissed the Plaintiff’s final appeal on April 28, 201, and on May 2, 2011, the said judgment subject to a retrial became final and conclusive on May 2, 2011 by serving the Plaintiff with the original copy of the judgment.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The gist of the Plaintiff’s assertion is that the Defendant submitted a false response stating that the Plaintiff’s father, who is the first-aged age of 92 years in the process of the lawsuit in the Seoul High Court case No. 2010Na52326, referred to as “non-school age,” and that “the Plaintiff’s father will make his best effort to the Plaintiff’s father, but only come to her father,” and there is a ground for retrial falling under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial.

B. (1) Determination (1) Article 451(1)6 of the Civil Procedure Act provides that “when a document or any other article used as evidence for a judgment has been forged or altered,” or “when a false statement by a witness, appraiser, interpreter, or a false statement by a party or legal representative has become evidence of the judgment” under Article 451(1)7 of the Civil Procedure Act refers to the case where a forged document or a false statement by a party or legal representative has been adopted as evidence and is specifically stated in the written judgment, even if it is the case.

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