손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent or apparent to this court.
On July 22, 2016, the Plaintiff filed a lawsuit against the Defendants for damages and was sentenced to a dismissal judgment (Seoul Central District Court 2016da504903).
On July 28, 2016, the Plaintiff did not appeal even after receiving the above judgment, and the said judgment became final and conclusive on August 12, 2016.
B. On August 27, 2016, the Plaintiff filed a lawsuit for reexamination against the Defendants, and was sentenced to the Seoul Central District Court Decision 5 April 5, 2017 (Seoul Central District Court Decision 2016Kadan185).
On April 11, 2017, the Plaintiff did not appeal even after receiving the above judgment, and the said judgment became final and conclusive on April 25, 2017.
C. On May 8, 2017, the Plaintiff filed a lawsuit for reexamination of the instant case.
2. Determination as to the existence of a ground for retrial
A. The Plaintiff’s assertion that the judgment subject to a retrial was limited to the confession, and there was a waiver of duties or abuse of authority by the judge involved, and there was a legal representative’s false statement, and the Defendants leaked, provided, used, or transferred the Plaintiff’s information without permission. The judgment subject to a retrial has grounds for retrial under Article 451(1)1, 4, 7, 9, and 10 of the Civil Procedure Act.
B. A lawsuit for a retrial on a final judgment that became final and conclusive shall be permitted only where there exist the grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. Thus, where the ground alleged by the Plaintiff for retrial does not constitute such ground,
(1) Article 451(1)1 of the Civil Procedure Act provides that the grounds for retrial under Article 451(1)1 of the Civil Procedure Act refers to a case where the judgment court is not constituted in accordance with the provisions of the Court Organization Act and the Civil Procedure Act, or where a judge who did not participate in the underlying pleading, affixes his/her signature and seal, etc. on the grounds for retrial under Article 451(1)1 of the same Act.
That is, review.