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 Plaintiff filed a claim for damages against the Defendant by Ulsan District Court 2008Gaso81650, which became final and conclusive in the judgment subject to a retrial. On July 14, 2009, the above court rendered a judgment on the Plaintiff’s failure, and extended the purport of the claim by the Plaintiff on appeal to the same court 2009Na39755. However, the above court rendered a judgment subject to a retrial that dismissed all the Plaintiff’s appeal and expanded claim on November 19, 2009. On November 26, 2009, the Plaintiff served an authentic copy of the judgment subject to a retrial on December 11, 2009, and the fact that the judgment subject to a retrial became final and conclusive is either apparent in the record or significant.
2. Whether the litigation for retrial of this case is legitimate
A. The Plaintiff’s assertion that the Defendant fabricated evidence in the Busan District Court’s Busan District Court case No. 91Gau9568, which led the Plaintiff to a judgment against the Plaintiff, and had the Plaintiff make a false statement in the case of attempted fraud, etc., and had the Plaintiff, who did not commit a crime, detained the Plaintiff by making a false statement in the case of attempted fraud, etc., but did not properly determine the Plaintiff’s assertion. Therefore, there were grounds 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 health unit of this case and the judgment subject to a retrial became final and conclusive on Dec. 11, 2009.