손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
On April 11, 2016, the Plaintiff filed a lawsuit against the Defendant seeking compensation for damages equivalent to wages with the Suwon District Court 2016Da310732.
On October 20, 2016, the above court rendered a judgment citing part of the plaintiff's claim(s) with the content that "1,015,740 won and damages for delay are paid."
B. On March 29, 2018, the Plaintiff appealed as Suwon District Court 2016Na73511, and the said appellate court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal.
C. The Plaintiff appealed by Supreme Court Decision 2018Da231895, but the Supreme Court rendered a judgment dismissing the appeal on August 30, 2018, which became final and conclusive accordingly.
2. The plaintiff's assertion and judgment
A. Although the gist of the Plaintiff’s assertion did not assert that the labor contract was concluded, the judgment subject to a retrial determined to the effect that “the Plaintiff’s assertion, based on the premise that the labor contract was concluded, is without merit.”
Therefore, the judgment subject to review should be revoked.
B. A lawsuit for retrial may be brought under the grounds stipulated in Article 451(1)1 through 11 of the Civil Procedure Act. However, the Plaintiff did not assert specific grounds for retrial for the judgment subject to retrial, and the above grounds for retrial by the Plaintiff do not seem to fall under any of the grounds for retrial stipulated in the above Act.
3. In conclusion, the lawsuit of this case is unlawful because there is no ground for retrial, and it is so decided as per Disposition.