beta
Text
1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
1. On November 19, 2014, the Incheon District Court Decision 2014Da33250 decided that the Plaintiff filed a lawsuit against the Defendant for damages, which became final and conclusive, and was sentenced to a judgment dismissing the Plaintiff’s claim by the above court on November 19, 2014. On May 13, 2015, this Court appealed from this Court 2014Na17527, and was sentenced to a judgment to pay KRW 300,000 to the Plaintiff upon admitting part of the Plaintiff’s appeal from this Court. Accordingly, the Defendant appealed from Supreme Court Decision 2015Da33250, which was final and conclusive on August 27, 2015, and thus dismissed the appeal from the Supreme Court on August 27, 2015, the fact that the judgment subject to a retrial became final and conclusive is clear in the record.
2. As the Defendant, which caused the request for a retrial, won by submitting a reply and photograph altered to the court subject to a retrial, there are grounds for retrial falling under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial.
3. The evidence of the judgment under Article 422(1)6 and 7 of the former Civil Procedure Act refers to the evidence adopted by the judgment as a reference material to acknowledge the facts that served as the basis for maintaining the order of the judgment, and even if it is proved that it had an influence on the conviction of the judge in domestic affairs, it cannot be said that it has been admitted as reference material for the above fact-finding unless it has been adopted as reference material for the above fact-finding.
(See Supreme Court Decision 68Da245 delivered on May 21, 1968). The response presented by the Defendant cannot be deemed evidence of the judgment. Since the photographs were not adopted as data for fact-finding, they cannot be deemed as falling under Article 451(1)6 or 7 of the Civil Procedure Act.
4. Thus, the plaintiff's request for retrial of this case is dismissed as it is without merit. It is so decided as per Disposition.