물품대금
1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The following facts are apparent in the judgment subject to a retrial:
The Plaintiff filed a lawsuit against the Defendant for the payment of rice price and damages for delay as the Daegu District Court Branch 2013 Ghana1835.
B. On December 18, 2013, the Daegu District Court rendered a judgment dismissing the Plaintiff’s claim on December 18, 2013, and the Plaintiff appealed as the Daegu District Court 2014Na923, but the said court rendered a judgment dismissing both the Plaintiff’s appeal and the Plaintiff’s claim extended in the appellate trial on June 18, 2014.
(hereinafter “instant judgment subject to a retrial”) C.
The Plaintiff appealed to the instant judgment subject to a retrial by Supreme Court Decision 2014Da45812, but the Supreme Court dismissed the Plaintiff’s appeal on October 30, 2014.
The instant judgment subject to review becomes final and conclusive on October 30, 2014, and the Plaintiff filed a lawsuit for retrial on December 4, 2014.
2. The Plaintiff’s assertion that the judgment subject to a retrial was based on the following: (a) the contents of the B’s transport certificate (Evidence A No. 5-1); and (b) the Defendant had a duty to clarify the volume of rice plants put into rice.
Therefore, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment).
3. "At the time of exclusion from a judgment on important matters that may affect the judgment" refers to the cases where a judgment is not clearly stated in the reasoning of the judgment with respect to the methods of offence and defense submitted by the parties in a lawsuit, which affect the judgment, and as long as there is a judgment, the reasons leading to the judgment are not clearly stated or the grounds of rejection of the parties' claims are not individually explained in a daily manner, such judgment shall not be deemed to be a deviation from
(See Supreme Court Decision 9Da62838 delivered on January 25, 2002). The instant judgment subject to a retrial is an original judgment.