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(영문) 인천지방법원 2019.06.12 2019재나10
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, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On August 29, 2017, the Plaintiff entered into a contract with the Defendant using terms and conditions for international marriage brokerage written differently from those written by the Fair Trade Commission, by deceiving the Plaintiff, and thereby causing loss to the Plaintiff by failing to perform his/her duty as a marriage broker, such as promoting marriage with the Plaintiff and failing to provide personal information on the Chinese nationality, etc. Accordingly, the Defendant, who is an marriage broker, is obliged to pay KRW 51,00,000 (= KRW 7,000,000,000,000,000,000,000 KRW 560,000,000,000,000) to the Plaintiff. However, the first instance court dismissed the Plaintiff’s claim on February 28, 2018.

(hereinafter “instant judgment of the first instance court”). (b)

On March 5, 2018, the Plaintiff appealed with the Incheon District Court 2018Na2066, and the above court rendered a judgment dismissing the Plaintiff’s appeal on June 1, 2018. The above judgment became final and conclusive on June 22, 2018.

(hereinafter “instant judgment subject to a retrial”) C.

On the other hand, on June 7, 2018, the Plaintiff filed a lawsuit for retrial against the Defendant again on June 7, 2018 by the Incheon District Court 2018 (hereinafter “pre-trial case”). In the instant judgment subject to retrial, the Plaintiff asserted that there was a ground for retrial falling under the “when the judgment was omitted on important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act, but the said court rendered a judgment dismissing the lawsuit on January 15, 2019 by deeming that the grounds for retrial asserted by the Plaintiff cannot be recognized, and the said judgment of dismissal became final and conclusive on February 2, 2019.

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