손해배상(자)
1. All of the lawsuits filed by the Plaintiff (Plaintiffs) for retrial of this case shall be dismissed.
2. The costs of retrial shall be paid.
The following facts, which have become final and conclusive in the judgment subject to review, are apparent or apparent in records in this court:
The Plaintiffs filed the instant lawsuit against the Defendant prior to the retrial seeking the payment of damages as the Daegu District Court’s Ansan Branch 2009Kadan3647, and the said court rendered a judgment of winning part of the Plaintiffs on May 4, 2011.
Accordingly, both parties appealed to the Daegu District Court No. 2011Na10042. On August 23, 2012, the above court dismissed the plaintiffs' appeal and rendered a decision subject to a retrial citing part of the defendant's appeal.
The above judgment was served on August 31, 2012 on the plaintiffs' representatives.
The Plaintiffs filed an appeal with Supreme Court Decision 2012Na81302 Decided December 27, 2012, which became final and conclusive on December 31, 2012.
The Supreme Court Decision 2012Na81302 Decided December 31, 201, which rendered a final appeal as to whether a lawsuit for retrial in this case is lawful or not, was delivered to a representative who did not grant the power of representation on December 31, 201. As such, whether the period for filing a retrial is complied with as of the above point of time, and if there was no actual delivery to the Plaintiff or the Plaintiff, it should be determined on the basis of the date the
The Plaintiff was aware of the fact that the Supreme Court was dismissed for a trial without delay on March 2013. Thus, the instant lawsuit for retrial was lawful from that time during the period of the trial.
In the instant judgment subject to a retrial, there exist grounds for retrial falling under the Civil Procedure Act (when a judgment on important matters that may affect the judgment is omitted) due to the following reasons. ① The Plaintiffs submitted the evidence No. 2-1 (the written statement of a traffic accident-related person) regarding the speed of the D’s vehicle at the time of the occurrence of the accident, and D’s operation of the vehicle at the speed of 40km.