Binding Force against the Re-appeal Court of the Judgment of Returning

The court of final appeal may not take any other examination as to the same case in accordance with the legal judgment rendered for the reason for its reversal before it.

Plaintiff

Korea

Seoul High Court Decision 73Na851 delivered on July 19, 1973

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Judgment on the grounds of appeal by Defendant Litigation Performers

In comparison with the records, the court below's decision is just and it is clear that the time for calculating damages has been determined in accordance with the legal opinion of the Supreme Court Decision 72Da2207 reversed and remanded, and the market price has been calculated. Thus, the judgment of the court below is not possible in the judgment of the court of final appeal in the same case where a new appeal is made after remanding the same case to the court of final appeal, which is bound by the legal judgment of the court of final appeal as the reason for reversal, and it cannot take any other opinion in the judgment of the court of final appeal. Thus, it is unnecessary to determine that there is no negligence pointing out the plaintiff by the record. Thus, the court below's legitimate disposition of the court below which

Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)