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(영문) 대구고등법원 2016.11.10 2016재나10
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. Following the conclusion of the judgment subject to a retrial is apparent or clearly recorded in this court. A.

The plaintiff filed a lawsuit against the defendants as Daegu District Court 2001Kadan37450, and the above court rendered a judgment dismissing all the plaintiff's claims against the defendants on July 16, 2003.

B. The Plaintiff appealed to this court as 2003Na6133, and this court rendered a judgment for review to dismiss the Plaintiff’s appeal on June 4, 2004, and the judgment for review became final and conclusive on June 27, 2004 because the Plaintiff did not appeal to the above judgment.

2. Determination on the grounds for retrial

A. The Plaintiff’s assertion 1) The grounds for a retrial under Article 451(1)6 of the Civil Procedure Act were determined based on a false statement of facts and a joint signature signed by the Defendants. As such, there exist grounds for a retrial under Article 451(1)6 of the Civil Procedure Act. (2) The grounds for a retrial under Article 451(1)7 of the Civil Procedure Act were determined based on the F’s perjury by a public official in charge of E-ray of the Defendant Sungju Group. As such, there exists a ground for a retrial under Article

B. Article 451(1)6 of the Civil Procedure Act provides that “When the document or any other article as evidence for the judgment has been forged or altered,” as grounds for retrial, Article 451(1)7 of the same Act provides that “when a witness’s false statement has become evidence for the judgment,” the grounds for retrial. Meanwhile, Article 451(2) of the Civil Procedure Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than shortage of evidence, a lawsuit for retrial may be brought only when a final and conclusive judgment of conviction or a final

Therefore, in order to claim the grounds for a retrial under Article 451(1)6 and 7 of the Civil Procedure Act, the requirements under Article 451(2) of the Civil Procedure Act, other than those for a retrial.

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