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 are remarkable or obvious in records in this court:
The Plaintiff filed a lawsuit against the Defendant, as stated in the purport of the claim, as Busan District Court Decision 2010Kadan131476, and the above court rendered a judgment dismissing the Plaintiff’s claim on August 20, 2013 (hereinafter “the first judgment”).
B. On April 18, 2014, the Plaintiff appealed as Busan District Court Decision 2013Na14948, and the above court rendered a judgment dismissing the Plaintiff’s appeal on April 18, 2014 (hereinafter “the appellate court judgment”), and the above judgment became final and conclusive on May 9, 2014.
C. Since then, with respect to the above judgment of the first instance and the judgment of the appellate court, the Plaintiff filed a lawsuit for retrial on six occasions as seen below until the litigation of the retrial in this case is filed.
1) As to the appellate judgment, the Plaintiff is against the Busan District Court Decision 2014Na166 (hereinafter “the first retrial lawsuit”).
) Although a suit for retrial was filed on June 5, 2015, the above court dismissed the part concerning the grounds for retrial under Article 451(1)6 of the Civil Procedure Act among the lawsuits for retrial on June 5, 2015, and the judgment dismissing the remainder of the Plaintiff’s request for retrial (hereinafter “the first new judgment”).
(2) On June 6, 2015, the foregoing judgment was rendered and became final and conclusive on June 26, 2015. (2) The Plaintiff filed a lawsuit on the first new judgment with Busan District Court 2015Na149 (hereinafter “the second new judgment”). On April 6, 2016, the said court rendered a ruling dismissing the Plaintiff’s request for retrial (hereinafter “the second new judgment”), and the said judgment became final and conclusive on April 29, 2016.
3) As to the second new judgment, the Plaintiff’s second new judgment of Busan District Court No. 2016Na160 (hereinafter “third new judgment lawsuit”) (hereinafter “third new judgment”).
) A new suit was filed on October 14, 2016, and the said court dismissed the Plaintiff’s request for retrial (hereinafter “third new judgment”).
(2) The court rendered a judgment, as the case may be.