기타(금전)
1. The defendant (Counterclaim Plaintiff, re-appellant)'s petition for retrial is dismissed.
2. The costs of retrial are the defendant-Counterclaim plaintiff.
1. Determination of the original judgment
A. On December 12, 2017, the Plaintiff filed a lawsuit seeking payment of KRW 5,500,000 (= KRW 4,000,500,000) as the Incheon District Court Decision 2017Da502425, Dec. 12, 2017, the Plaintiff filed a lawsuit seeking payment of KRW 5,50,000 (= KRW 4,500,000), and the Defendant filed a counterclaim seeking payment of KRW 50,000,00 for medical expenses under the Incheon District Court Decision 2018Da40821, Apr. 15, 2018.
B. On June 18, 2018, the above court accepted the part of KRW 4,00,000 of the Plaintiff’s principal lawsuit, and dismissed the above damages amounting to KRW 1,50,000, and rendered a judgment dismissing the Defendant’s counterclaim.
C. On June 22, 2018, the Defendant filed an appeal under the Incheon District Court 2018Na60604 (principal lawsuit) and 2018Na60611 (Counterclaim). In the course of the appellate trial, the Defendant sought payment of KRW 50,500,000 (= KRW 500,000,000) and KRW 50,500,000 (= KRW 500,000) for medical expenses and KRW 50,500,000 for medical expenses in the course of the appellate trial. However, on May 17, 2019, the court extended the purport of the counterclaim, but the court rendered a judgment dismissing both the Defendant’s principal lawsuit and counterclaim and the claim for counterclaim expanded by the appellate court (hereinafter referred to as “the subject judgment”) and the said judgment became final and conclusive on June 8, 2019.
On the other hand, on May 30, 2019, the Defendant filed a suit for retrial on the grounds under Article 451(1)9 of the Civil Procedure Act by the Incheon District Court 2019Na5008, which was before the judgment for retrial becomes final and conclusive, but was dismissed on the grounds that the suit was filed prior to the final and conclusive judgment for retrial.
E. On June 30, 2019, the Defendant filed a new suit for review of the instant judgment subject to a retrial with the Incheon District Court 2019Na5015.
[Ground of recognition] Facts without dispute, obvious facts in records, purport of the whole pleadings
2. The gist of the Defendant’s assertion is that the Defendant did not consider evidence No. 9, which is probative value, without disregarding the Plaintiff’s confession.