Supreme Court Decision 2009Du336 ( October 29, 2010)

A lawsuit may not be allowed as it abuse a right of action, unless there are special circumstances.

The exercise of the right to claim a trial shall not be permitted as abuse of the right of action, unless there are special circumstances, to protect the other party and to secure the judicial function thereof.

The contents of the decision shall be the same as attached.

All lawsuits for retrial shall be dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

Before determining on the grounds for retrial asserted by the Plaintiff (hereinafter referred to as the “Plaintiff”), we examine the legitimacy of the suit for retrial of this case ex officio.

The exercise of the right to a trial is also regulated by the principle of trust and good faith in order to protect the other party and to secure the judicial function, and it is evident that the court cannot accept the request for a retrial on several occasions for the same reason that it is evident that it cannot be accepted by law even though it has been rejected due to the same reason, it would result in bullying of the other party, and furthermore, it would be unnecessary to expend the judicial manpower. Therefore, such a lawsuit shall not be allowed as an abuse of the right to a lawsuit, unless there are special circumstances (see, e.g., Supreme Court Decisions 98Da275, May 28, 199; 2001Du149, Apr. 12, 2002).

According to the records, although the plaintiff (the plaintiff) had been dismissed or dismissed by the Supreme Court on several occasions for the same reason, the plaintiff (the plaintiff) again filed the lawsuit of this case by citing the grounds for rejection of the previous lawsuit as the grounds for retrial, and there is no special circumstance that the plaintiff (the plaintiff) should file the lawsuit of this case and be protected by the right. Thus, the lawsuit of this case constitutes an abuse of the right to file a lawsuit of this case.

Therefore, all of the lawsuits for retrial of this case are dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.