손해배상(의)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The gist of the grounds for retrial asserted by the Plaintiff is that the Defendant, who performed a medical act in light of the characteristics of the medical accident, should prove that the judgment subject to retrial was not negligent, making a false judgment by misunderstanding the burden of proof, and should have deliberated properly through the expert’s consultation or the exercise of the right of explanation. However, the Plaintiff failed to submit the judgment in the case subject to retrial and there is new evidence about the Plaintiff’s health condition and medical malpractice, so the request for reexamination of this case should be accepted
2. Determination
A. A lawsuit for a retrial on a civil judgment may be brought only when the grounds prescribed in each subparagraph of Article 451(1) of the Civil Procedure Act exist.
Despite the demand for assertion and admission regarding the grounds for retrial by the court, the plaintiff does not express whether to file a lawsuit for retrial of this case on any ground for retrial under the Civil Procedure Act. However, if we see the above assertion, it appears that it constitutes “when the judgment on important matters affecting the judgment is omitted” under Article 451(1)9 of the Civil Procedure Act. Thus, the above ground for retrial is examined below.
However, it is apparent that the Plaintiff’s grounds for lack of sufficient deliberation, violation of the duty of explanation, discovery of new evidence, etc. do not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and it is unlawful without any need to examine whether there exist such grounds. Therefore, it is no further examined.
B. "When a judgment is omitted with respect to important matters that may affect the judgment" under Article 451 (1) 9 of the Civil Procedure Act refers to the cases where a party submitted in a lawsuit and does not specify the judgment in the reasoning of the judgment in regard to the method of attack and defense which has been affected by the judgment, and so long as the judgment exists.