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. A lawsuit for retrial on a final and conclusive judgment that became final and conclusive on the lawfulness of a lawsuit is permitted only when there exist grounds stipulated under each subparagraph of Article 451(1) of the Civil Procedure Act. Thus, where the grounds alleged by the Plaintiff for retrial do not fall under
(see, e.g., Supreme Court Decision 82Da14, Sept. 14, 1982). In addition, “when a judgment is omitted with respect to a material fact that may affect the judgment” under Article 82 subparag. 9 of the same Act refers to cases where a party’s attack and defense was submitted in a lawsuit and the judgment is not clearly indicated in the grounds for the judgment
(see, e.g., Supreme Court Decision 2007Da69834, Nov. 27, 2008). The main purpose of the Plaintiff’s assertion was to have been wrong in the determination of the judgment subject to a retrial, and this does not constitute any ground for retrial under Article 451(1)9 of the Civil Procedure Act or any other ground for retrial.
2. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.