손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff (appointed party).
A lawsuit for retrial is permitted only where there are grounds stipulated in the subparagraphs of Article 451(1) of the Civil Procedure Act, and a lawsuit for retrial is unlawful for asserting the grounds for retrial. A lawsuit for retrial filed on the grounds that the grounds for retrial do not constitute grounds for retrial under the said subparagraphs, or that the grounds for retrial do not constitute grounds for
(see, e.g., Supreme Court Decision 87Reda24, Dec. 8, 1987). In this case, it is difficult to view that the Plaintiff’s assertion contains legitimate grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and the Plaintiff did not comply with the correction order of the full bench.
Thus, the lawsuit of this case constitutes an improper lawsuit that cannot correct its defects, and thus, it is so decided as per Disposition by the court below to dismiss it pursuant to Articles 455 and 219 of the Civil Procedure Act.