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 records:
The Plaintiff filed a lawsuit against the Defendant in Busan District Court No. 2013 Family Court No. 201603 on September 25, 2013 against which the lower court rendered a judgment dismissing the Plaintiff’s claim (hereinafter “instant judgment”).
B. On April 3, 2014, the Plaintiff appealed as Busan District Court 2013Na43144, but the said court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal.
C. The Plaintiff appealed against the judgment subject to a retrial and appealed by Supreme Court Decision 2014Da209319, but the Supreme Court rendered a judgment subject to a retrial on July 24, 2014, which became final and conclusive by a final judgment of dismissal of the Supreme Court.
2. Whether the litigation for retrial of this case is legitimate
A. Although the court of first instance decided that the Defendant’s disposition of fine for negligence against the Plaintiff’s violation of the Plaintiff’s bus exclusive lane (hereinafter “instant disposition of fine for negligence”), the Busan District Court rejected the Plaintiff’s claim seeking compensation for damages equivalent to the expenses incurred in order to challenge the instant disposition of fine for negligence, and the judgment subject to a retrial dismissed the Plaintiff’s appeal against the judgment of the first instance court. As such, there exist grounds for retrial under Article 451(1)10 of the Civil Procedure Act in the judgment subject to a retrial.
B. The grounds for retrial under Article 451(1)10 of the Civil Procedure Act are established to coordinate conflicts between res judicata of the judgment subject to retrial and res judicata of a final and conclusive judgment rendered prior to the judgment subject to retrial. “When the final and conclusive judgment rendered prior to the judgment to be tried conflicts with the final and conclusive judgment rendered prior to the final and conclusive judgment to the parties to the judgment subject to retrial” refers to when both
(See Supreme Court Decision 94Da383 delivered on August 26, 1994, etc.). However, the Plaintiff’s.