손해배상(기)
1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The Plaintiff brought a lawsuit against the Defendant, C, D, and E claiming the payment of damages as stated in the purport of the claim against the Defendant, C, D, and E in collusion with the Defendant, C, D, and E for a false advertisement that defames the Plaintiff on August 4, 2016 (Seoul Central District Court 2016Gahap58594). However, the said court rendered a judgment dismissing the Plaintiff’s claim on the grounds that there is insufficient evidence to prove the fact that the said advertisement was published in collusion with the Defendant, C, D, and E on May 24, 2017.
B. The Plaintiff appealed against the above judgment (Seoul High Court 2017Na2026940), but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on November 17, 2017.
(hereinafter “The Judgment on Review”). The Plaintiff appealed (Supreme Court Decision 2017Da291852), but on March 29, 2018, the judgment subject to review became final and conclusive as the Plaintiff’s appeal was dismissed.
2. The gist of the Plaintiff’s assertion is that the instant judgment subject to a retrial was rendered based on the premise that the Plaintiff filed a complaint against the Defendant and C on suspicion of defamation, etc. by publication (Seoul Central District Prosecutors’ Office, 2016 punishment No. 96151) regarding the publication of the said advertisement, a non-prosecution disposition was rendered against the Defendant and C.
However, since the defendant filed a complaint by the defendant while the above complaint of the plaintiff constitutes a false accusation (Seoul Central District Prosecutor's Office, 2018, No. 9678) to August 23, 2018, which was rendered a non-prosecution disposition with no suspicion, the judgment subject to a retrial under Article 451 (1) 8 of the Civil Procedure Act has grounds for retrial in the judgment subject to a retrial.
3. Determination
A. The phrase “when a judgment or any other judgment or administrative disposition, which forms the basis of a judgment, has been altered by a different judgment or administrative disposition” as a ground for a retrial under Article 451(1)8 of the Civil Procedure Act, means either becomes legally binding or binding.