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 are apparent in the records of the judgment subject to a retrial:
The Plaintiff filed a lawsuit against the Defendants in the Ulsan District Court No. 2009 Ghana68067 and was sentenced to a judgment against the Defendants in its entirety.
B. Accordingly, the Plaintiff appealed as the Ulsan District Court 2010Na781, but on September 30, 2010, the said court rendered a judgment dismissing the appeal and served the original judgment on October 13, 2010. The said judgment became final and conclusive on October 28, 2010.
C. Although the Plaintiff filed a lawsuit for retrial under this Court 2010 Jaena192 against the above judgment, this Court rendered a judgment dismissing the lawsuit for retrial on October 6, 201, and the above judgment became final and conclusive as it is.
2. The Plaintiff’s assertion did not receive a loan or interest, etc. from Defendant B as a result of the Defendants’ fraudulent remarks against the Plaintiff’s lawsuit claiming a loan against Defendant B. Rather, the Plaintiff filed a charge of perjury, which was a witness of the instant case, but was punished as an uncomfortable offense.
Therefore, even though the Defendants were obligated to pay the Plaintiff the money stated in the purport of the claim due to damages, the judgment of the court prior to the retrial dismissed an appeal against the judgment of the court of first instance which dismissed the Plaintiff’s claim. Since the judgment subject to a retrial was dismissed by the Plaintiff’s lawsuit for retrial, it constitutes grounds for retrial under Article 45
3. The phrase “when a judgment is omitted on important matters that affect the judgment” under Article 451(1)9 of the Civil Procedure Act as to the legitimacy of a lawsuit for retrial of this case refers to the cases where a party submitted in a lawsuit and failed to specify the judgment in the reasoning of the judgment concerning the means of attack and defense that affect the judgment. As long as the judgment has been made, the grounds leading to the judgment are not clearly explained or the grounds rejecting the party’s claims are individually explained.