양수금
The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the defendant (Plaintiffs for retrial).
the purport and purpose of the claim;
Article 451 (1) 10 of the Civil Procedure Act provides that “When a final judgment prior to the judgment to institute a new trial is contrary to the final judgment prior to the judgment to institute a new trial” means the case where the effect of the final judgment prior to the previous final judgment affects the parties to the judgment subject to a new trial and both rulings conflict with each other
The grounds alleged by the Defendant (Plaintiff) are that the judgment subject to a retrial conflicts with res judicata of the Seoul Southern District Court Decision 2005 Ghana215488 delivered on November 9, 2005, the same court Decision 2005 Ghana22307 delivered on November 9, 2005, and the same court Decision 2005 Ghana226501 delivered on October 5, 2005, and even according to the assertion itself, it cannot be deemed that the judgment contradicts res judicata of the previous judgment and the judgment accepting all the claims against the Defendant (Plaintiff) subject to a retrial.
The same shall apply to cases where a judgment in favor of one party has been rendered again even though there is no benefit in the protection of rights to institute a lawsuit after receiving a favorable judgment.
Therefore, the grounds for retrial cannot be recognized.
Therefore, the grounds alleged by the defendant (the plaintiff in a retrial) do not constitute grounds for retrial prescribed by the Civil Procedure Act, and thus, it is so decided as per Disposition by the court below to dismiss the lawsuit in this case.