손해배상(기)
1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The following facts are apparent in records:
The Plaintiff filed a lawsuit against the Defendant, as stated in the purport of the claim, as Busan District Court Decision 2010Kadan131476, and the above court rendered a judgment dismissing the Plaintiff’s claim on August 20, 2013 (hereinafter “the first instance judgment”).
B. On April 18, 2014, the Plaintiff appealed as Busan District Court Decision 2013Na14948, and the above court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment of the appellate court”) and the above judgment became final and conclusive on May 9, 2014.
C. The Plaintiff filed a lawsuit against the appellate court’s judgment with Busan District Court 2014Na166 (hereinafter “the first retrial lawsuit”). However, on June 5, 2015, the court dismissed the part concerning the grounds for retrial under Article 451(1)6 of the Civil Procedure Act among the lawsuits for retrial, and rendered a judgment dismissing the Plaintiff’s remaining requests for retrial (hereinafter “the first retrial judgment”), and the said judgment became final and conclusive on June 26, 2015.
On April 6, 2016, the Plaintiff filed a lawsuit on the first new judgment with Busan District Court 2015Na149 (hereinafter “the second new judgment”). On April 29, 2016, the said court rendered a ruling dismissing the Plaintiff’s request for retrial (hereinafter “the second new judgment”), and the said judgment became final and conclusive on April 29, 2016.
E. On October 14, 2016, the Plaintiff filed a lawsuit on the second new judgment in Busan District Court 2016Na160 (hereinafter “third new judgment”), and the said court rendered a judgment dismissing the Plaintiff’s request for a retrial (hereinafter “the judgment on retrial”) and the said judgment became final and conclusive on November 8, 2016.
F. The Plaintiff filed a new suit on the judgment subject to a retrial.
2. Summary of the plaintiff's assertion
A. Grounds for retrial under Article 451(1)8 of the Civil Procedure Act are asserted.