Article 422 of the Civil Procedure Act, the legality of a new suit for reasons other than Article 422

Inasmuch as a lawsuit on a retrial on a final judgment is permitted only when there exists a ground stipulated in Article 422 of the Civil Procedure Act, if the ground for alleging the plaintiff in the retrial does not fall under such ground, the lawsuit on retrial

Article 422 of the Civil Procedure Act

Plaintiff (Re-Defendant)

Defendant (Reexamination Plaintiff)

Supreme Court Decision 82Da79 Delivered on June 22, 1982

The action for retrial shall be dismissed.

Litigation costs incurred in a retrial shall be borne by the defendant.

The reason for the request for retrial by the defendant (the plaintiff for retrial) is that the defendant (the plaintiff for retrial) filed a lawsuit for retrial against the decision for retrial on March 10, 1982 on the 23th day of the same month and the 7,8th day of the same year and the 26th day of the same month, because he/she forged his/her seal impression or all other documents, and thus, filed a lawsuit for retrial against the decision for retrial.

However, a suit for a retrial on the final and conclusive judgment shall be permitted only when there exist the grounds stipulated in Article 422 of the Civil Procedure Act, and if the grounds for the plaintiff's claim for a retrial do not constitute such grounds, the suit for retrial shall be deemed unlawful, and since the grounds for the lawsuit does not fall under any of the above provisions, it shall not be dismissed.

It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)