손해배상(기)
1. All of the lawsuits for retrial of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The following facts are apparent in this court:
On January 15, 1998, the Daegu District Court 98Gadan3990, the Plaintiff filed a lawsuit against Defendant B seeking payment of consolation money of KRW 245,00,000 as compensation for damages sustained by the Plaintiff, by causing a traffic accident that conflicts with the Plaintiff, which was a cargo vehicle driven by Defendant B while driving the cargo vehicle. On July 22, 1999, the above court sentenced Defendant B to pay KRW 32,206,742 to the Plaintiff.
B. On June 13, 2001, both the Plaintiff and Defendant B filed an appeal with the Daegu District Court 99Na15717, and the above court rendered a judgment that the Defendant B paid KRW 35 million to the Plaintiff.
C. The plaintiff filed an appeal against the above appellate judgment with the Supreme Court Decision 2001Da45065, but the above appeal was dismissed on October 4, 2001 and the above appellate judgment became final and conclusive on the same day.
2. The judgment of this Court
A. The Plaintiff asserts to the effect that the Daegu District Court Decision 98Da3990 delivered on July 2, 199, which is the judgment of the first instance, filed a petition for a new trial. However, when the appellate court rendered a judgment on the merits of the case, it does not bring a lawsuit against the judgment of the first instance (Article 451(3) of the Civil Procedure Act). Thus, the judgment subject to new trial claimed by the Plaintiff is determined solely by the Daegu District Court Decision 99Na15717 delivered on June 13, 2001, which is the judgment of the appellate court.
B. First, we examine the legitimacy of the instant retrial suit against Defendant B.
A lawsuit for retrial shall be instituted within 30 days from the date the parties concerned become final and conclusive and the grounds for retrial become known (Article 456(1) of the Civil Procedure Act); a lawsuit for retrial shall not be instituted when five years have elapsed after the final and conclusive judgment becomes final and conclusive (Article 456(3) of the Civil Procedure Act); the period under paragraph (3) shall be calculated from the date the
(Article 456 (4) of the Civil Procedure Act).