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 review, are apparent in records or obvious to this court:
On August 24, 2017, the Plaintiff filed a lawsuit against the Defendant for reimbursement of damages with the Ulsan District Court 2017Gapo26266, asserting that the Defendant was liable for compensating the Plaintiff for economic and mental damages, but the said court rendered a judgment that “the Plaintiff’s claim is dismissed” on December 13, 2017.
B. The Plaintiff appealed against this and filed an appeal with the Ulsan District Court 2018Na39. On January 17, 2019, the said court rendered a judgment that “the Plaintiff’s appeal is dismissed” (hereinafter “the judgment on review”) and the said judgment became final and conclusive on February 8, 2019.
2. The gist of the Plaintiff’s ground for the retrial as to the legitimacy of the suit for retrial of this case is unreasonable to reject the Plaintiff’s assertion. As such, the judgment subject to retrial and the first instance judgment should be revoked, and the judgment to accept the Plaintiff’s claim ought
However, a lawsuit for retrial may be brought only under the grounds stipulated in Article 451(1)1 through 11 of the Civil Procedure Act. The plaintiff does not present any specific grounds for retrial for the judgment subject to retrial, and the above grounds of the plaintiff's assertion do not constitute any of the grounds for retrial stipulated in the above Article.
In addition, the materials submitted by the Plaintiff alone do not seem to have any ground for retrial in the judgment subject to retrial, and there are no materials to acknowledge it differently. The instant lawsuit for retrial is unlawful in this regard.
3. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.