손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).
1. Following the conclusion of the judgment subject to review is recognized by the records of this case.
A. The Plaintiff filed a lawsuit against the Defendants to the effect that “the Defendants jointly and severally, KRW 57,35,140, and KRW 2,000,000 to the Plaintiff, Appointors E, and F respectively, and damages for delay against each of the above amounts, and Defendant C shall pay to the Plaintiff KRW 11,80,000 and damages for delay.”
On February 13, 2009, the first instance court rendered a judgment that partly accepted the claims of the plaintiff and the designated parties.
(The first instance judgment). B.
On June 18, 2010, the court of the first instance rendered a judgment that dismissed both the Plaintiff’s appeal and the claim extended in the appellate trial on June 18, 2010.
(Judgment of review).
On October 14, 2010, the Supreme Court dismissed the Plaintiff’s appeal, and the judgment for review became final and conclusive.
2. The judgment subject to a retrial, which determined that the Plaintiff had no physical disability due to the instant accident, based on the evidence that the physical appraisal statement at the time of the first instance trial prior to the Plaintiff’s assertion was false, was false, there were grounds for retrial under Article 451(1)7 and 9 of the Civil Procedure Act in the judgment subject to a retrial.
3. Determination as to the legitimacy of the litigation for retrial of this case
A. As to the grounds for a retrial under Article 451(1)7 of the Civil Procedure Act, Article 451(1)7 of the Civil Procedure Act provides that “when the false statements by a witness, expert witness, or interpreter or the false statements by a party or legal representative by the party’s examination have become evidence of the judgment,” the grounds for a retrial under Article 45
However, in the case of grounds for retrial under the above subparagraph 7, when a judgment of conviction or a judgment of imposition of a fine for negligence has become final, or for reasons other than lack of evidence, a final judgment of conviction or a fine for negligence.