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. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
The Plaintiff filed a lawsuit against the Defendants in Suwon District Court 2016Kadan17673, and the said court rendered a judgment dismissing the Plaintiff’s claim on November 15, 2017 (hereinafter “the first instance judgment”).
B. Accordingly, the Plaintiff appealed to the judgment of the court of first instance as Suwon District Court 2017Na84358, but the said court rendered a judgment dismissing the Plaintiff’s appeal on August 30, 2018 (hereinafter “the judgment on review”).
C. The Plaintiff dissatisfied with the judgment subject to a retrial and appealed by Supreme Court Decision 2018Da272742, but on December 27, 2018, the final appeal was dismissed and dismissed, and on January 2, 2019, the judgment subject to a retrial became final and conclusive.
On April 8, 2019, the Plaintiff filed a lawsuit for retrial of this case against the judgment subject to a retrial.
2. A lawsuit seeking retrial on the legitimacy of a lawsuit seeking retrial is permitted only when there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. The grounds that limitedly list the grounds for retrial in a civil lawsuit are to relieve the relevant party of damage caused by an error in the final judgment that became final and conclusive, and to maintain the legal stability of the final and conclusive judgment, preventing unnecessary retrial and
(See Supreme Court Order 2014Ga154 Decided November 12, 2015). The Plaintiff asserted that even though he was unable to obtain awards and decorations due to the Defendants’ unlawful acts in Vietnam, and repeated the contents asserted in the previous retrial litigation, and did not specifically state what grounds for a retrial exist in the judgment subject to a retrial. The grounds alleged by the Plaintiff do not constitute a ground for a retrial under Article 451(1) of the Civil Procedure Act, and thus, cannot be deemed a legitimate ground for a retrial, and there are other grounds for a retrial in the instant judgment subject to a retrial.