손해배상(기)
1. The plaintiff (the plaintiff)'s appeal is dismissed.
2. Re-deliberations made by the Plaintiff (Plaintiffs) in this court.
1. Quotation and revision of the judgment of the court of first instance
A. The judgment of the court of first instance rejected the grounds for retrial under Article 451(1)9 of the Civil Procedure Act by deeming that the grounds for retrial under Article 451(1)9 of the instant petition for retrial is unlawful. The part on grounds for retrial under Article 451(1)8 of the Civil Procedure Act is dismissed by deeming that there are no grounds for retrial. After the closure of the first instance trial, the part on grounds for retrial under Article 451(1)1 of the Civil Procedure Act alleged by the Plaintiff as a preparatory document
B. Grounds for retrial under Article 451(1)9 of the Civil Procedure Act and for retrial under Article 451(1)8 of the Civil Procedure Act are as stated in the reasoning of the judgment of the court of first instance.
(1) The Plaintiff asserts to the effect that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act in a judgment subject to retrial, on the grounds that “an exclusive jurisdiction over a claim for nullification of discharge and payment of benefits,” and “an order for nullification of an existing order for discharge and a new order for discharge due to a final and conclusive judgment by the administrative court following a prosecution,” etc. However, this does not constitute a ground for retrial under Article 451(1)1 and 8 of the Civil Procedure Act, which constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act, even if there is no room for determination in the judgment subject to retrial.” Therefore, the corresponding part of the judgment of the first instance is cited pursuant to the main sentence of
C. Since the Plaintiff explicitly added the grounds for a retrial under Article 451(1)1 of the Civil Procedure Act to this court, the Plaintiff’s additional statement in the first instance judgment on the grounds for a retrial (from 7th to 15th) shall be deleted and separately determined.
2. Determination as to a retrial that constitutes a ground for retrial under Article 451(1)1 of the Civil Procedure Act
A. The plaintiff does not transfer the confirmation of invalidity of the instant discharge disposition and the claim for payment of benefits to the administrative court, even though it was an administrative litigation.