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. On February 10, 2015, the first instance judgment stating that “the Defendant shall pay to the Plaintiff the amount of KRW 8,750,676 and interest thereon, calculated at the rate of 5% per annum from July 3, 2014 to February 10, 2015, and 20% per annum from the next day to the day of full payment,” which was brought by the Plaintiff against the Defendant in Busan District Court 2014Gauri9508 (former), which was brought by the Plaintiff to the Defendant, shall be sentenced to the judgment subject to a retrial that dismissed the Defendant’s appeal from the appellate court (Seoul District Court 2015Na3935), and the fact that the Defendant’s final appeal against the judgment subject to a retrial was dismissed on March 10, 2016 and that the judgment subject to a retrial becomes final and conclusive on March 14, 2016 is clear.
2. The defendant's assertion that the defendant asserts that since the person responsible for the field management of the accident that occurred on May 4, 2014 against the plaintiff is not the defendant but D, D is responsible for compensating the plaintiff for the damages that the plaintiff suffered due to the above accident, although the defendant is not liable for compensating for the above damages, the judgment subject to a retrial has ordered the defendant to pay damages to the plaintiff, so the judgment subject
3. Determination
A. First, the above grounds alleged by the Defendant do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and thus, cannot be a legitimate ground for retrial.
B. In addition, the proviso of Article 451(1) of the Civil Procedure Act provides that a party may not file a lawsuit for retrial, if the party has asserted a ground for retrial by an appeal or fails to know it, even if he knows it.
According to the records, the defendant, after having asserted the same purport as the grounds for retrial in the appellate court, was sentenced to a judgment subject to retrial, was dismissed on the ground of the same purport. In such a case, the defendant cannot file a lawsuit for retrial on the ground that Article 451 (1) of the Civil Procedure Act provides
4. Conclusion, the review of this case is conducted.