손해배상(기)
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 became final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
On February 16, 2017, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 60,000,000 for damages at the court of first instance of this case.
On June 15, 2017, the court of the first instance rendered a judgment citing the entire principal suit of the Plaintiff.
(2) On January 11, 2018, the appellate court accepted both the Defendant’s appeal and the Plaintiff’s incidental appeal, and rendered a judgment to the effect that the remainder of the claim is dismissed, i.e., KRW 30,000,000.
(hereinafter “instant judgment subject to a retrial.” The Plaintiff and the Defendant appealed against the instant judgment subject to a retrial, but the Supreme Court rendered a judgment dismissing both the Plaintiff and the Defendant’s final appeal on May 30, 2018 (No. 2018Da209539), and the instant judgment subject to a retrial became final and conclusive as they are,.
2. The Defendant’s proposal to return the down payment asserted by the Defendant as to the grounds for retrial was invalidated, and there was no basis provision on the return under the contract, and it is recognized that the instant judgment subject to retrial ought to return KRW 30,00,000, which is the full down payment, without omitting any judgment on important matters affecting the judgment, which constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act.
3. Article 451(1) of the Civil Procedure Act regarding the legality of a lawsuit for retrial may file a lawsuit for retrial on a final judgment that has become final and conclusive, in any of the following cases:
However, the parties may, by appeal, assert the reasons therefor, or know it.