The meaning of “final judgment previously rendered” under Article 422(1)10 of the Civil Procedure Act

A final and conclusive judgment rendered prior to the so-called “final and conclusive judgment” under Article 422(1)10 of the Civil Procedure Act refers to a final and conclusive judgment on the merits that have res judicata effect.

Article 422(1)10 of the Civil Procedure Act

Plaintiff

Jinyang Agricultural Cooperatives

Daegu High Court (75Na916)

The proceedings shall be dismissed.

Litigation costs shall be borne by the plaintiff.

The Daegu High Court Decision 75Na916 delivered on March 19, 1976 and the decision is revoked.

The Defendant (hereinafter “Defendant”) pays to the Plaintiff (hereinafter “Plaintiffs”) the amount of KRW 6,00,000 and the amount of KRW 5% per annum from November 30, 1973 to full payment.

Judgment that all costs of lawsuit shall be borne by the defendant and provisional execution declaration

On June 22, 1976, the plaintiff alleged that the decision of the party member stated in the purport of the appeal dismissed by the plaintiff as the final judgment of the Supreme Court is inconsistent with the decision of the adjudication of the adjudication of the successful bidder under Article 422 (1) 10 of the Civil Procedure Act. However, although it is against the decision of the adjudication of the successful bidder under Article 422 (1) 10 of the Civil Procedure Act, it refers to the final judgment on the merits which became final and conclusive prior to the final and conclusive judgment of the Supreme Court. Thus, the above decision of the adjudication of the successful bidder cannot be said

Thus, the lawsuit of this case shall be dismissed as it does not constitute a ground for retrial, and the costs of lawsuit shall be borne by the plaintiff, so it is so decided as per Disposition.

Judges fixed ticket (Presiding Judge) Mobile Engines