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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 August 24, 2017, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 867,00 among the loans that the Plaintiff lent to the Defendant, and the judgment against the Plaintiff was rendered. However, the Plaintiff was rendered a judgment against the Plaintiff in the loan claim lawsuit against the Defendant, as seen above, due to the Defendant’s false assertion and the evidence fabricated by the Defendant, and even if the number of days account books and the statement of payment were not forged, the Defendant filed a false complaint against the Plaintiff as a crime of forging private document. Therefore, the Defendant filed a lawsuit seeking compensation for economic and mental damage suffered by the Plaintiff due to the aforementioned unlawful procedural acts and false accusation as seen above, asserting that “The Plaintiff is liable to compensate for economic and mental damage caused by the Plaintiff.” However, the said court rendered a judgment dismissing the Plaintiff’s claim on February 2, 2018.”
B. The Plaintiff appealed against this and filed an appeal with the Ulsan District Court 2018Na619. On January 17, 2019, 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 February 8, 2019.
2. The gist of the Plaintiff’s ground for the retrial of this case is that the judgment of the first instance and the judgment subject to a retrial rejected the Plaintiff’s assertion that “the Plaintiff lost a lawsuit claiming a loan against the Defendant due to the Defendant’s unlawful procedural acts and false accusation, and thereby, caused economic and mental damage, thereby, the Defendant is liable to compensate the Plaintiff for damages arising therefrom.” As such, the judgment subject to a retrial and the judgment of the first instance should be revoked and the judgment accepted the Plaintiff’s claim.”
However, Article 451(1) of the Civil Procedure Act provides that a lawsuit for retrial shall be filed.