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

Inasmuch as a lawsuit for a retrial on a final judgment is permitted only when there exist the grounds stipulated in Article 422 of the Civil Procedure Act, it is unlawful to dismiss the lawsuit for retrial filed on the ground that the Plaintiff’s statement in the name of the re-appellant alleged by the re-appellant was erroneous.

Article 422 of the Civil Procedure Act

Supreme Court Decision 82Da14 Delivered on September 14, 1982

Plaintiff

Abrupt et al.

Supreme Court Decision 82Da502 Delivered on October 11, 1983

The action for retrial shall be dismissed.

Litigation costs for retrial shall be borne by the defendant (Plaintiffs for retrial).

The reason for the request for a retrial by the defendant (hereinafter only referred to as the "defendant") and the summary of the reason for the supplementary review of the defendant's friendship are as follows: (a) "(b)" of the plaintiff (hereinafter referred to as the "Plaintiff") in the judgment subject to a retrial; and (c) "Seoul Civil District Court Decision 82Na24 delivered on June 30, 1982" in the judgment of the court below, "Seoul Civil District Court 82Na424 delivered on June 30, 1982." In addition, the plaintiff altered the date of the invalid promissory note and forced the defendant B to prepare a written agreement, and then brought a lawsuit by using it. The court of first instance and the court of first instance cited the plaintiff's unfair assertion, and thus, the plaintiff brought a lawsuit for a retrial to find out the confusion of the defendants.

However, a lawsuit for a retrial on a final and conclusive judgment shall be permitted only when there exists a ground stipulated in Article 422 of the Civil Procedure Act, and if the ground for the plaintiff's claim for a retrial does not fall under such ground, the lawsuit for retrial is unlawful (see Supreme Court Decision 82Da14 delivered on September 14, 1982). The ground for the lawsuit for retrial does not fall under any of the above provisions of the Civil Procedure Act, and the lawsuit for retrial in this case

Therefore, the lawsuit for retrial is dismissed, and the costs of the lawsuit for retrial are assessed against the Defendants. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-ju (Presiding Justice)