손해배상(기)
1. The defendant's petition for retrial is dismissed;
2. The costs of retrial shall be borne by the defendant.
1. The following facts, such as the confirmation of the judgment subject to a retrial, are apparent in records or obvious to this court:
As Seoul Central District Court 2003Gahap5504, the Plaintiff filed a lawsuit against the Defendant and the co-defendant seeking compensation for damages on the ground of a joint tort. The above court served the Defendant with a written complaint, a preparatory brief, a notice on the date of pleading, etc. by public notice, and rendered a judgment dismissing all of the Plaintiff’s claims. The Plaintiff appealed against this.
(Seoul High Court 2008Na119332, hereinafter referred to as "cases subject to review"). (b)
In a case subject to review, the petition of appeal and the statement of grounds for appeal of the plaintiff, and the preparatory documents and the notice of date for pleading on February 12, 2009 were served on the defendant residing in Hong Kong at the time of service abroad. The plaintiff stated the above petition of appeal against the defendant on the date for pleading. The defendant did not appear on the date for pleading, and did not submit the response and other preparatory documents.
However, subsequent documents, etc. submitted by the Plaintiff were not served on the Defendant, and the Plaintiff did not state the above preparatory documents, etc. against the Defendant.
On September 29, 2011, the court subject to review revoked the judgment of the first instance on September 29, 201 and rendered a judgment citing both the Plaintiff’s and co-defendants’s respective claims against the Defendant. The grounds against the Defendant were that “the Defendant is deemed to have led to the confession of
C. Accordingly, the Defendant, B, and Z respectively appealed (Supreme Court Decision 2011Da104079), and the final appeal on October 31, 2013 dismissed the Defendant’s final appeal, but each of the final appeals on B and Z was cited.
After that, in the case of B and Z, both the plaintiff's appeal and appeal were dismissed in the judgment of the court of destruction, refund and second instance, and the judgment against the plaintiff became final and conclusive.
(hereinafter “Related Judgment”) . 2. Sales
A. The defendant's assertion 1 is known to the defendant's domicile or residence.