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TITLE	Supreme Court en banc Decision 2011Jaeda199 Decided July 21, 2011【Damages】 [full Text]
Summary
[1] When a Supreme Court opinion on statutory construction and application overrules a previous Supreme Court decision, whether the fact that the new decision is made by a panel of less than two-thirds of all Supreme Court Justices constitutes a ground for retrial under Article 451(1)1 of the Civil Procedure Act (affirmative) [2] Whether the Supreme Court Decision 2010Da6680 decided January 27, 2011 which held that, in cases where a long time has passed and significant change has occurred to currency value from the time of a tort to the closing argument in a fact-finding trial, as a matter of exception, delay damages shall accrue from the time of the closing argument in the fact-finding trial, overrules the Supreme Court precedent on the starting date of reckoning the delay damages on a tort damage liability (negative) [3]Meaning of “when a judgment against which retrial has been petitioned is contrary to the final and conclusive judgment which has been previously declared,” as a ground for retrial prescribed under Article 451(1)10 of the Civil Procedure Act

TITLE

Supreme Court en banc Decision 2011Jaeda199 Decided July 21, 2011【Damages】 [full Text]

Summary

[1] When a Supreme Court opinion on statutory construction and application overrules a previous Supreme Court decision, whether the fact that the new decision is made by a panel of less than two-thirds of all Supreme Court Justices constitutes a ground for retrial under Article 451(1)1 of the Civil Procedure Act (affirmative)
[2] Whether the Supreme Court Decision 2010Da6680 decided January 27, 2011 which held that, in cases where a long time has passed and significant change has occurred to currency value from the time of a tort to the closing argument in a fact-finding trial, as a matter of exception, delay damages shall accrue from the time of the closing argument in the fact-finding trial, overrules the Supreme Court precedent on the starting date of reckoning the delay damages on a tort damage liability (negative)
[3]Meaning of “when a judgment against which retrial has been petitioned is contrary to the final and conclusive judgment which has been previously declared,” as a ground for retrial prescribed under Article 451(1)10 of the Civil Procedure Act

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