logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.12.13 2018재다24101
부당이득금
Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff (the plaintiff, the selected party) and the selected party.

Reasons

The grounds for request for retrial shall be examined.

The grounds of appeal on the grounds of appeal cannot be deemed grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act, since there is no omission in determination as to the grounds of appeal in the judgment subject to a retrial, deeming that the grounds of appeal on the grounds of appeal fall under the grounds

(see, e.g., Supreme Court Decision 2008Da502, Feb. 12, 2009). Other grounds for retrial asserted by the Plaintiff (Plaintiffs and Appointeds) do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act. Moreover, even upon examining the record, the grounds for retrial under each of the above subparagraphs cannot be found in the judgment subject to retrial.

Therefore, the retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow