손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Before determining the Defendant’s grounds for retrial, we examine ex officio whether the litigation of this case is legitimate.
The exercise of the right of a trial is also regulated by the principle of trust and good faith in order to protect the other party and to secure judicial function, and it is evident that the court cannot accept the request for a retrial on several occasions for the same reason that it is evident that it cannot be accepted by law even though it has been rejected due to the same reason, it would result in bullying of the other party, and further makes it unnecessary to use the judicial manpower. Therefore, such a lawsuit is not allowed as it abuse of the right of lawsuit, unless there are special circumstances.
(1) The judgment subject to a retrial shall be based on the records of the Supreme Court Decision 201Du149 Decided May 28, 1999 (see, e.g., Supreme Court Decision 98Da275, May 28, 199);
1. On the written judgment, a retrial suit has been repeatedly filed on the grounds for retrial under Article 451(1)9 or 4 and 10 of the Civil Procedure Act, and the judgment subject to a retrial has been repeatedly filed on the grounds for retrial.
2. to 2.
5. It can be known that the dismissal or dismissal in each judgment stated in the above, and there is no special circumstance in which the Plaintiff should be protected by filing a lawsuit for retrial of this case. Thus, according to the legal principles as seen earlier, the instant lawsuit for retrial of this case is unlawful as it abuse the right to
I would like to say.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the retrial of this case.