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. Basic facts
A. The Plaintiff filed a lawsuit claiming damages against the Defendants for collective assault of the Plaintiff (Seoul District Court Decision 2012Gau 5058).
B. On June 11, 2014, the above court rendered a ruling dismissing the Plaintiff’s claim. The Plaintiff appealed against this and appealed, and the appellate court (Seoul District Court Decision 2014Na7748) changed the part concerning Defendant B in the first instance judgment on November 14, 2014 and ordered the Plaintiff to pay KRW 200,000 and its delay damages, and ordered the Plaintiff to pay the remainder of the Plaintiff’s claim against Defendant B and the remainder of the Defendants’ appeal.
C. Although the Plaintiff appealed against this, the Supreme Court (Supreme Court Decision 2014Da83814) rendered a judgment dismissing the final appeal on March 12, 2015, which became final and conclusive on the same day.
On July 27, 2015, the Plaintiff filed a lawsuit for reexamination of the instant case.
[Ground of recognition] Facts without dispute, facts which are obvious or obvious in records to this court, the purport of the whole pleadings
2. The Plaintiff’s assertion that the judgment subject to a retrial was a ground for a retrial under Article 451(1)6 of the Civil Procedure Act by recognizing that the Plaintiff did not request Defendant H and B without diagnosis, and, without any diagnosis, there exist grounds for a retrial under Article 451(1)9 of the Civil Procedure Act by omitting judgment on important matters affecting the conclusion of the judgment.
3. Determination
A. Article 451(1)6 of the Civil Procedure Act provides that a ground for retrial exists under Article 451(1)6 of the Civil Procedure Act provides that “when documents and other articles constituting evidence for judgment have been forged or altered,” the grounds for retrial.
However, since the Plaintiff acknowledged facts without a written diagnosis that the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act were acknowledged, it cannot be deemed as constituting the grounds for a retrial.
Therefore, this part is re-deliberation.