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(영문) 서울중앙지방법원 2017.03.22 2016나29141
매매대금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court, and thus, it is acceptable in accordance with the main sentence of Article 420

2. The plaintiff asserts that in the preceding litigation, the defendants make a false representation and alter documents, while the witness makes a false representation, and the court unfairly ruled that the plaintiff's claim should be accepted, regardless of the res judicata effect of the precedents to be corrected.

On the other hand, in order to exclude res judicata recognized on the final judgment, it is a matter of principle to seek the revocation of the final judgment by means of a lawsuit for retrial in cases where there exist grounds for retrial. Thus, there is no evidence of assertion as to whether the lawsuit in this case was not a lawsuit for retrial, and whether the plaintiff has received the judgment revoking the final judgment by filing a lawsuit for retrial. Thus, the plaintiff's above assertion

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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