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, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for damages as the Ulsan District Court 2014 Ghana4621, and the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim on April 22, 2015.
Therefore, the Plaintiff filed an appeal with the Ulsan District Court 2015Na20889, but the above court rendered a ruling dismissing the Plaintiff’s appeal on November 30, 2016 (hereinafter “the ruling on review”).
In other words, the Plaintiff appealed by Supreme Court Decision 2016Da276931, but was dismissed, which became final and conclusive on April 3, 2017.
2. Inasmuch as a lawsuit on a retrial on the final and conclusive judgment that became final and conclusive as to the lawfulness of the lawsuit in this case is permitted only where there exist grounds stipulated under each subparagraph of Article 451(1) of the Civil Procedure Act, the lawsuit on retrial is unlawful where the
(See Supreme Court Decision 82Da14 delivered on September 14, 1982, etc.). However, the main purport of the Plaintiff’s assertion is to mislead the determination of the judgment subject to a retrial, which does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.
3. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.