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. The Plaintiff, in the judgment subject to a retrial, filed against the Defendant, filed a claim for damages against the Defendant by asserting that public officials belonging to the Defendant incurred damages due to official tort, but the said court rendered a judgment against the Plaintiff on the grounds that there is no evidence to acknowledge the Plaintiff’s assertion.
The plaintiff filed an appeal as the District Court 2008Na15828 against this, but the above court rendered a ruling dismissing the plaintiff's appeal on May 14, 2009 (hereinafter "the judgment dismissing the plaintiff's appeal") and the plaintiff filed an appeal again by Supreme Court 2009Da50698, but the judgment dismissing the appeal was rendered on December 24, 2009 and the judgment dismissing the appeal became final and conclusive on the same day.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion lies in the grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters affecting the judgment), since the Plaintiff presented evidence sufficient to prove a tort on the part of the public officials belonging to the Defendant, but omitted and omitted the evidence.
B. 1) The proviso of Article 451(1) of the Civil Procedure Act provides that a party may not file a lawsuit for retrial when he/she has asserted the grounds by an appeal, or he/she has not known the grounds therefor, and all of the omissions of judgment that the Plaintiff pointed out by the court of final appeal cannot be a legitimate ground for retrial pursuant to the proviso of Article 451(1) of the Civil Procedure Act (see the Reasons for Appeal No. 15). In addition, the phrase “when he/she has avoided a judgment on important matters that may affect the judgment”, which are grounds for retrial under Article 422(1)9 of the Civil Procedure Act, is an attack and defense method submitted by the party.