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 following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
On August 21, 2012, the Plaintiff filed a lawsuit claiming damages against the Defendant by the Ulsan District Court 2012Gau19652, and was sentenced to a judgment against the said court.
B. The Plaintiff appealed with the Ulsan District Court 2012Na4817.
On April 24, 2013, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on the ground that “No evidence exists to acknowledge that the judges, who are public officials belonging to the Defendant, committed an illegal act in relation to the Ulsan District Court 2003da221378, the same court 2004Na919, and the Supreme Court 2005Da6645, thereby causing damage to the Plaintiff” (hereinafter “instant judgment subject to retrial”).
The Plaintiff filed an appeal with Supreme Court Decision 2013Da204829, which became final and conclusive on August 23, 2013, which became final and conclusive on August 23, 2013.
2. The Plaintiff, as to the legitimacy of the instant suit for retrial, did not properly determine the Plaintiff’s assertion on the grounds that the judgment subject to retrial was erroneous and thus, there was a ground for retrial that constitutes “when the judgment was omitted with respect to important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act.
However, the grounds cited by the Plaintiff as the grounds for retrial of the instant case are merely that the instant judgment subject to retrial did not accept the Plaintiff’s assertion, and cannot be deemed to constitute grounds for retrial under Article 451(1)9 of the Civil Procedure Act.
3. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.