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(영문) 서울중앙지방법원 2017.09.14 2017재나84
매매대금
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, which became final and conclusive in the judgment subject to review, are apparent in records or significant to this court:

The Plaintiff filed a lawsuit against the Defendant and C on November 21, 2006, seeking payment of the remainder of KRW 24,000,000,000 according to the sales contract as of November 21, 2006. On March 31, 2016, the said court rendered a judgment dismissing all the Plaintiff’s claims against the Defendants in accordance with the res judicata effect of a final and conclusive judgment of a prior suit (No. 201Ga35092, this Court) filed against the Defendant and C.

B. Although the Plaintiff appealed against it, this Court rendered a judgment that dismissed all the Plaintiff’s appeal on March 22, 2017 (the subject judgment for review) by 2016Na29141, which became final and conclusive on April 11, 2017.

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

A. The Plaintiff’s assertion was submitted as evidence a sales contract that altered the number of the Defendant’s deposits in the instant case subject to review, including: (a) the witness C, E, F, and G gives false testimony; and (b) the decision subject to review was rendered as evidence; and (c) there were grounds for retrial under Article 451(1)1, 2, 4, and 7 of the Civil Procedure Act in the said judgment subject to review.

B. (1) The grounds for retrial under Article 451(1)1 of the Civil Procedure Act (hereinafter “when a judgment court is not constituted under the law”) on the existence of grounds for retrial under Article 451(1)1 and 2 of the Civil Procedure Act refers to cases where the composition of the judgment court does not comply with the Court Organization Act or the provisions of the Civil Procedure Act.

The grounds for retrial under subparagraph 2 of the same paragraph (hereinafter referred to as "when a judge, who is unable to participate in the trial under the law, has participated in the process of agreement or preparation of the original copy of the judgment") refers to the cases where a judge who is unable to participate in the trial

However, the grounds alleged by the Plaintiff as grounds for retrial by itself are stipulated in Article 451(1) of the Civil Procedure Act.

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