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(영문) 대구지방법원 2017.03.29 2016재나109
손해배상(자)
Text

1. Of the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)9 of the Civil Procedure Act shall be dismissed.

2...

Reasons

1. Facts subsequent to the final and conclusive judgment subject to retrial are significant or obvious in records in this court:

The Plaintiffs filed a lawsuit against the Defendant seeking the payment of damages and damages for delay due to the traffic accident as of January 28, 2007, the Daegu District Court rendered an order of winning part of the Plaintiffs on May 4, 2011.

B. Accordingly, both the Plaintiffs and the Defendant appealed to the Daegu District Court Decision 201Na10042, and the above court dismissed the Plaintiffs’ appeal on August 23, 2012 and rendered a judgment citing part of the Defendant’s appeal (hereinafter “the judgment subject to reexamination”), and the Plaintiffs’ agent was served with the original copy of the judgment subject to reexamination on August 31, 2012.

C. The Plaintiffs appealed and appealed by Supreme Court Decision 2012Da81302, but, on December 27, 2012, the final appeal was dismissed by the lower court’s decision of rejection of the hearing, and the said judgment became final and conclusive by serving the Plaintiffs’ representatives on December 31, 2012.

Since then, the Plaintiffs filed a lawsuit against the Defendant seeking revocation of the judgment subject to reexamination as Daegu District Court 2013Na54, and the said court rendered a judgment dismissing the lawsuit subject to reexamination on November 29, 2013 (hereinafter “ judgment subject to reexamination”) and the Plaintiffs’ agent was served with the original copy of the judgment subject to reexamination on December 4, 2013.

E. The Plaintiffs appealed and appealed by Supreme Court Decision 2013Da101180, but, on April 10, 2014, the final appeal was dismissed by the lower court’s decision, and the said judgment became final and conclusive by serving the Plaintiffs’ representatives on April 15, 2014.

F. The Plaintiffs again filed a lawsuit against the Defendant seeking revocation of the judgment subject to reexamination as Daegu District Court 2014Na37, and the said court rendered a judgment dismissing the said lawsuit on October 30, 2014 (hereinafter “ judgment subject to reexamination”).

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