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(영문) 서울고등법원 2018.09.05 2018재나183
기타(금전)
Text

1. The request for retrial of this case is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The plaintiff asserts that there is an error of law in the judgment subject to a retrial under Article 451 (1) 1 of the Civil Procedure Act (Article 451 (1) of the Civil Procedure Act).

Specifically, despite the fact that the plaintiff was an administrative suit filed against the defendant, the appellate court's dismissal of the plaintiff's application for transfer to the court of first instance and rendered a judgment as a civil case, and it seems that there was an error of law in the judgment for retrial and the judgment for retrial as to the above appellate judgment.

2. According to the records of the judgment in the first instance court, the Plaintiff, a member of the Defendant’s association, claimed 20,000,100 won and damages for delay as the amount of wage damages pursuant to Article 12 of the Defendant’s Rules and subparagraph 1 of the attached Table of the Guarantee of Status Guarantee Rules, since the Plaintiff, a member of the Plaintiff, committed the instant disciplinary action against the Defendant while engaging in the activities to improve the working conditions.

According to the above facts of recognition, the lawsuit of the first instance filed by the plaintiff against the defendant is civil cases. The judgment of the appellate court against the judgment of the first instance and the judgment of the appellate court against the judgment of the first instance, and all the judgment subject to a retrial have legitimate jurisdiction.

Therefore, it cannot be deemed that there exist grounds for retrial in the judgment subject to review, as alleged by the Plaintiff.

3. Conclusion, the plaintiff's request for retrial of this case is dismissed as it is without merit.

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