손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, and.
1. Determination of the original judgment
A. The Plaintiff filed a lawsuit against the Defendant as Busan District Court Decision 2012Ga21238, and the said court rendered a judgment in favor of the Plaintiff on February 18, 2013 that “The Defendant shall pay to the Plaintiff 3,00,000 won and the interest calculated at the rate of 5% per annum from March 16, 2012 to February 18, 2013, and 20% per annum from the next day to the date of full payment. The Plaintiff’s remaining claims are dismissed.”
B. On March 8, 2013, the Defendant did not appeal against this, and the above judgment became final and conclusive.
2. Defendant’s assertion and judgment
A. (1) The judgment subject to a retrial constitutes a case where the Defendant was hindered in submitting methods of offence or defense that may affect the judgment (the latter part of Article 451(1)5 of the Civil Procedure Act).
(2) The judgment subject to a retrial constitutes a case where C’s false statement by a witness becomes evidence of the judgment (Article 451(1)7 of the Civil Procedure Act).
(3) The judgment subject to a retrial is against a final judgment rendered before it is rendered (Article 451(1)10 of the Civil Procedure Act).
B. (1) The grounds for a retrial under Article 451(1)5 of the Civil Procedure Act mean that “when a party makes a confession, or obstructs the submission of a means of offence or defense that may affect the judgment, due to an act committed by another person subject to criminal punishment,” and this refers to a case where the party made a confession, or directly interferes with the submission of a means of offence or defense, in the litigation procedure of the judgment subject to a retrial due to an act subject to a criminal punishment of another person (see, e.g., Supreme Court Decisions 82Meu664, Oct. 12, 1982; 93Da39553, Nov. 9, 1993); and there is no clear evidence to acknowledge that the defendant led to confession in the case subject to a retrial or obstructed the submission of a means of offence or defense due to an act subject to a criminal punishment of the plaintiff or another person
(2) Article 451(1)5 of the Civil Procedure Act is subject to criminal punishment.