손해배상(기)
1. Of the lawsuits filed by the Defendant (Plaintiffs for Retrial) for retrial:
A. Grounds for retrial under Article 451(1)9 of the Civil Procedure Act are based on the grounds for retrial.
1. On September 24, 2015, the Plaintiff filed a lawsuit against the Defendant for compensation by the Incheon District Court 2015Kadan5426, which partially accepted the Plaintiff’s claim on June 20, 2018. As to this, the Defendant filed an appeal with the Incheon District Court 2018Na4666 on July 3, 2018, but was sentenced to the judgment dismissing the appeal on June 27, 2019 (hereinafter “the judgment dismissing the appeal”), and on July 15, 2019, filed a final appeal with the Supreme Court 2019Da17355 on July 15, 2019, but the Defendant was sentenced to the judgment dismissing the appeal on October 17, 2019; the Defendant filed a lawsuit for retrial on November 19, 2019 with the court or obviously recorded the instant judgment.
2. The defendant's argument that there are grounds for retrial as follows. A.
Article 451 (1) 9 (1) of the Civil Procedure Act) of the omission of judgment (Article 451 (1) 9 (1) of the Civil Procedure Act), the Defendant asserted that, in a lawsuit subject to retrial from October 2003 to July 2014, the construction cost should be deducted inasmuch as he/she managed buildings with D large 1,503 square meters and D, and E, 2nd floor neighborhood living facilities (hereinafter “instant real estate”) as a good manager’s duty of care. The judgment subject to judgment was related to the claim for reimbursement of expenses under the Civil Act, but did not make any decision thereon
(2) If the Defendant paid monthly interest on the Plaintiff’s loan of the instant real estate from October 2003 to July 2014, the judgment subject to a retrial did not make any judgment on the difference between the monthly rent and the loan interest accrued on parking lots, etc., but the judgment subject to a retrial did not make any judgment on the difference.
(B)(b).
Article 451(1)10 of the Civil Procedure Act (Article 451(1)10 of the Civil Procedure Act) provides that a judgment subject to a retrial shall be determined by the Defendant on October 18, 2003 on the premise that the Defendant was paid a parking fee of KRW 1.2 million per month from October 18, 200, but the Defendant paid the loan interest