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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff (the plaintiff, the selected party).
Reasons
The grounds for retrial are determined.
1. The Plaintiff’s ground for retrial (hereinafter “Plaintiff”) asserts that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act by intentionally omitting the “no signal, etc., which is an important basis for determining whether there was negligence.” While the designated person A stated in the investigation report on the actual condition of a traffic accident prepared by a police officer, the percentage of negligence is 10% in the judgment of the first instance (Seoul District Court Decision 98DaGa159) of the damages case, the fact that there was a ground for retrial under Article 451(1)10 of the Civil Procedure Act, and that there was a ground for retrial.
2. The judgment dismissing a final appeal without examining the grounds for final appeal as to the grounds for final appeal under Article 451(1)9 of the Civil Procedure Act, on the ground that the grounds for final appeal by an appellant fall under the grounds for final appeal under Article 4 of the Act on Special Cases concerning the Procedure for Appeal of Supreme Court, and the judgment dismissing the final appeal without examining further grounds for final appeal, even if it does not expressly state separate grounds for final appeal
[See Supreme Court Decision 95Nu176 Decided February 13, 1996, Supreme Court Decision 201Da380 (main office), and 201Da397 (Counterclaim) Decided July 14, 201, etc.] The instant judgment subject to a retrial can be known to the effect that the instant judgment subject to a retrial constituted a ground for rejection of an appeal on the ground that the case subject to a retrial constitutes a ground for non-judicial failure, and thus, it cannot be said that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.
(3) As to the grounds for retrial under Article 451(1)10 of the Civil Procedure Act, Article 451(1)10 of the Civil Procedure Act shall apply to the grounds for retrial under Article 451(1)10 of the Civil Procedure Act.