beta
(영문) 대법원 2013.12.12 2013재다711

손해배상(기)

Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

The gist of the grounds for the request for retrial of this case is that, although the grounds for appeal by the Plaintiff (hereinafter “Plaintiff”) do not fall under any of the grounds provided in the subparagraphs of Article 3 of the Trial of Small Claims Act, the Plaintiff dismissed the Plaintiff’s appeal on the grounds that it does not constitute legitimate grounds for appeal, the Plaintiff’s grounds for appeal constitutes grounds for retrial under Article 3 subparag. 1 and No. 2 of the Trial of Small Claims Act, and thus, there exists grounds for

However, such assertion does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, and even if examining the grounds alleged by the Plaintiff in light of the record, there is no ground for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act in the judgment subject to retrial

Therefore, the plaintiff's request for retrial is dismissed, and the costs of lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.