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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
On March 7, 2011, the Plaintiff filed a lawsuit against the Defendant, “The Plaintiff lent KRW 1,00,000 to D under the joint and several guarantee of B and C, but the Plaintiff failed to pay the said money, and filed a lawsuit against B seeking payment of the said money. Accordingly, the Plaintiff filed a complaint against the Plaintiff on fraud and in a false accusation, and the Plaintiff was prosecuted for attempted fraud and a false accusation. As such, the judges belonging to the Defendant committed an unfair judgment (Seoul District Court U.S. District Court Decision 92Da186, U.S. High Court Decision 92Da186, U.S. Supreme Court Decision 2011Da19174, Aug. 30, 2011) against the Plaintiff. Accordingly, the Plaintiff suffered damage whose honor was damaged, and thus, the Defendant had the obligation to pay the amount written in the purport of the claim as compensation for damages, but the above court dismissed the Plaintiff’s claim for damages on August 30, 2011.”
B. The Plaintiff appealed against this and filed an appeal with the Ulsan District Court 201Na5783. On April 26, 2012, the said court rendered a judgment that “the Plaintiff’s appeal is dismissed” (hereinafter “the judgment on review”) and the said judgment became final and conclusive on May 16, 2012.
2. The lawsuit shall not be instituted when five years have passed after the judgment on whether the lawsuit for retrial of this case was lawful.
(1) Article 456(1) of the Civil Procedure Act provides that “The Plaintiff filed a lawsuit for the retrial of this case on April 24, 2019, which became final and conclusive on May 16, 2012 after five years from the date on which the judgment subject to a retrial became final and conclusive,” and there is no evidence to deem that each of the grounds for retrial asserted by the Plaintiff occurred after the final and conclusive judgment, and thus, the instant lawsuit for retrial is unlawful.
In addition, a lawsuit for retrial requires the grounds prescribed in Article 451 (1) 1 through 11 of the Civil Procedure Act.