건물
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
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 May 2, 2014, the Plaintiff filed a lawsuit against the Defendant and Co-Defendant B of Suwon District Court 2015 Gohap61333. On November 25, 2016, the said court rendered a favorable judgment with respect to the Plaintiff’s claim against the Defendant, and with respect to the Plaintiff’s claim against the Defendant, the court rendered a judgment in favor of some of the following: “The Defendant C shall pay to the Plaintiff 100,654,625 won per annum from June 3, 2014 to November 25, 2016, 5% per annum, and 15% per annum from the next day to the date of full payment.”
B. The Plaintiff and the Defendant, respectively, filed an appeal with this Court No. 2016Na2089715, and the said court rendered an appeal on September 5, 2017, stating that “The part against the Defendant in excess of the amount ordered to pay under the judgment of the first instance shall be revoked, and the Plaintiff’s claim corresponding to the revocation portion shall be dismissed. The Defendant shall pay to the Plaintiff 97,508,863 won and the amount calculated at the rate of 5% per annum from June 3, 2014 to September 5, 2017, and 15% per annum from the next day to the day of full payment.” The Plaintiff’s appeal and the Defendant’s remaining appeal are dismissed.”
C. The Defendant, who is dissatisfied with the judgment subject to a retrial, filed a final appeal with the Supreme Court Decision 2017Da266030, but the Supreme Court rendered a judgment dismissing the final appeal on December 13, 2017, and the judgment subject to a retrial became final and conclusive as it is.
2. The assertion and judgment
A. In the case subject to a retrial by the Defendant’s assertion, the Plaintiff appointed an attorney under the status of lack of mental capacity and litigation capacity.
This constitutes a defect in the granting of authority necessary for litigation by an attorney, and thus there is a ground for retrial under Article 451(1)3 of the Civil Procedure Act in the judgment subject to a retrial.
B. A lawsuit for retrial 1 is defective as to the final judgment.