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. On June 10, 2015, the Plaintiff filed a claim for damages against the Defendant by Ulsan District Court 2014Da42441, and the said court rendered a judgment on the Plaintiff’s failure, which the Plaintiff appealed as the same court 2015Na3013. However, the said court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on October 22, 2015. On October 28, 2015, the Plaintiff served an authentic copy of the judgment subject to a retrial on October 28, 2015, and the fact that the judgment subject to a retrial became final and conclusive is apparent or obvious in the record.
2. Whether the litigation for retrial of this case is legitimate
A. Although the Defendant alleged the Plaintiff’s assertion damaged the Plaintiff’s reputation by making a false broadcast against the Plaintiff, the judgment subject to a retrial did not properly determine the Plaintiff’s assertion by misunderstanding the facts, there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act.
B. (1) A lawsuit for retrial is filed within 30 days from the date a party becomes final and conclusive pursuant to Article 456(1) of the Civil Procedure Act, and the existence of grounds for retrial, i.e., omission of judgment pursuant to Article 451(1)9 of the same Act, can be seen by read the authentic copy of the judgment subject to retrial, barring special grounds. Therefore, it is reasonable to deem that the party was aware of the existence of grounds for retrial at the time of delivery of the authentic copy of the judgment subject to retrial. If a subsequent judgment becomes final and conclusive, the period for filing a
(see, e.g., Supreme Court Decision 92Da33930, Sept. 28, 1993). According to the above legal doctrine, the facts that the instant case was finalized on November 12, 2015 by health care unit, and the judgment subject to a retrial became final and conclusive on November 12, 2015 are as seen earlier. This part of the grounds for a retrial asserted by the Plaintiff was known at around the day when
However, on June 15, 2017, the Plaintiff filed a lawsuit for the retrial of this case on which 30 days have passed since that date, and the period for filing the petition for retrial of this case.