손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
On August 27, 2014, the Plaintiff filed a lawsuit against the Defendants with Seoul Central District Court 2014Gahap43729, stating that “The Defendants suffered losses from the decline in the Plaintiff’s sales of the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
B. On May 15, 2015, the Seoul Central District Court rendered a judgment dismissing all of the Plaintiff’s claims on the grounds that “the Defendant’s emission of noise from construction works and the degree of damage therefrom exceeded the generally acceptable limit under social norms.”
C. In response to the judgment of the first instance court, the Plaintiff filed an appeal with Seoul High Court No. 2015Na2026847, but the appellate court rendered a ruling dismissing the Plaintiff’s appeal for the same reason (hereinafter “the judgment on review”), and the Plaintiff appealed to Supreme Court Decision 2016Da200637, which decided to dismiss the Plaintiff’s appeal on April 12, 2016.
2. The plaintiff's assertion and judgment
A. The Plaintiff filed an application for the resumption of argument with the appellate court which rendered the judgment subject to a retrial in order to compute the amount of damages caused by the Defendants’ illegal acts, but the appellate court rejected the application.
This constitutes grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act, “when the judgment was omitted on important matters that may affect the judgment”.
B. (1) Determination is based on the reasoning of the judgment, as to the method of attack and defense which a party submitted in a lawsuit and has an impact on the judgment, as stipulated in Article 451(1)9 of the Civil Procedure Act.