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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. Judgment on the plaintiff's assertion
A. The plaintiff asserts that there is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act (1). The plaintiff asserts that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment).
Article 451 subparag. 9 of the Civil Procedure Act provides that “Any omission of judgment,” which is a cause for a retrial under Article 451 subparag. 9 of the Civil Procedure Act, means any attack and defense submitted by the parties, that is, the court does not at all indicate the propriety of the judgment in the reasoning of the judgment. Therefore, if the parties have not asserted
In addition, the reasoning is stated in the written judgment, but it is sufficient to determine to the extent that the main text is recognizable to be justifiable, and it is not necessary to make a daily determination of all allegations by the parties or means of attack and defense (see Article 208(1) and (2) of the Civil Procedure Act, and Supreme Court Decision 2018Da30470, Oct. 17, 2019). In addition, even though the court did not make a decision on the actual assertion, if it is obvious that the assertion is dismissed, it cannot be said that there is an error of omission of judgment due to the lack of influence
(See Supreme Court Decisions 2006Da300470 Decided July 10, 2008, and 2018Da300470 Decided October 17, 2019). However, the Plaintiff’s assertion that there was an omission of judgment on certain matters, and thus, cannot be deemed to have lawfully asserted the grounds for retrial.
(2) In addition, even if there are grounds for a retrial, if a party has already asserted the grounds by an appeal, or if the party does not know the existence of the grounds for a retrial, it cannot file a lawsuit for retrial (proviso of Article 451(1) of the Civil Procedure Act). In a case where, despite being aware of the existence of the grounds for a retrial, the judgment became final and conclusive without filing an appeal (see Supreme Court Decision 91Da29057, Nov. 12, 191), while filing an appeal, it is not asserted