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. On August 12, 2015, the Plaintiff filed a lawsuit against the Defendant for compensation as Busan District Court Decision 2015Da552546, which rendered a judgment dismissing the Plaintiff’s claim on May 3, 2016. This court rendered a judgment dismissing the Plaintiff’s claim on the grounds that the Plaintiff appealed as the court 2016Na43732, but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on November 18, 2016 (hereinafter “instant judgment subject to a retrial”); the Plaintiff filed a final appeal as Supreme Court Decision 2016Da272939, and on April 13, 2017, the fact that the instant judgment subject to a retrial became final and conclusive is significant or obvious on the records.
A. The Plaintiff’s assertion 1) separate from the instant lawsuit, filed a lawsuit against C, who is the personnel administration authority of Busan District Court, as Busan District Court Decision 2016Na518093, and the court of first instance dismissed the Plaintiff’s claim. The Plaintiff appealed with this Court Decision 2016Na5293, which was in progress on January 9, 2017, and C paid KRW 3 million as consolation money to the Plaintiff on the same day (hereinafter “related lawsuit”), and paid consolation money KRW 3 million as the withdrawal of the appeal. The instant judgment subject to a retrial constitutes an important matter that may have a significant impact on the fact-finding of the judgment subject to a retrial, and there is grounds for retrial under Article 451(1)9 of the Civil Procedure Act (Article 451(1)5 of the same Act). As such, the judgment subject to a retrial of this case is final and conclusive as a result of the relevant lawsuit (Article 2016Na5293, Jun. 29, 2015).