손해배상(의)
1. The request for retrial of this case is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The assertion of the plaintiff for retrial
A. In Busan District Court Decision 2012Gahap348, Busan High Court Decision 2013Na2733, which was the basis for the judgment subject to a retrial, the legal representative did not recognize a proximate causal relationship between the Defendant’s medical malpractice and the Plaintiff’s cerebral blood transfusion on the ground that he did not bring a lawsuit against the Korean Medical Doctor E working at the Defendant Hanwon.
At the time, if the legal representatives were well handled, the outcome of the judgment subject to a retrial has changed.
The reason is that there is a defect in the power of representation under Article 451 (1) 3 of the Civil Procedure Act.
B. After the judgment subject to a retrial, the Plaintiff filed a lawsuit against E with the Busan District Court Decision 2016Na2977 decided to recommend reconciliation with the purport that E pays KRW 7 million to the Plaintiff.
Such a reason is that civil judgments or other judgments or administrative dispositions, which form the basis of the judgments stipulated in Article 451(1)8 of the Civil Procedure Act, have been changed by a different judgment or administrative disposition.
C. The judgment subject to a retrial did not determine whether there is a proximate causal relationship between the Defendant’s medical malpractice and the Plaintiff’s cerebral blood.
This is a cause for a retrial under Article 451 (1) 9 of the Civil Procedure Act.
2. Determination
A. Article 451(1)3 of the Civil Procedure Act refers to a case where no right of representation exists (see, e.g., Supreme Court Decision 94Da4967, Jun. 24, 1994). Thus, as alleged by the Plaintiff, the circumstance alone, like the Plaintiff’s assertion, cannot be deemed as grounds for retrial under the above provision, and no other evidence exists to deem that there exists any grounds
B. The phrase “when a judgment or other judgment or administrative disposition, which forms the basis for a retrial under Article 451(1)8 of the Civil Procedure Act, has been altered by a different judgment or administrative disposition” means either becomes legally binding or binding.