The meaning of the “refluence of judgment” before filing a lawsuit under Article 422(1)9 of the Civil Procedure Act

Article 422 (1) 9 of the Civil Procedure Act provides that the term "when a judgment on important matters that may affect the judgment is omitted" means where a judgment is not indicated in the grounds of the judgment as to matters that naturally affect the conclusion of the judgment by means of attack and defense which are legitimately submitted by the parties in a lawsuit.

Article 422 of the Civil Procedure Act

[Judgment of the court below]

Defendant (Reexamination Plaintiff)

Supreme Court Decision 73Da592 Delivered on November 13, 1973

The retrial lawsuit is dismissed.

Litigation costs for retrial shall be borne by the plaintiff for retrial.

Determination on the Grounds for Re-Examination (Nos. 1 and 2) of the Appellant;

Article 422 (1) 9 of the Civil Procedure Act provides that "when a judgment was omitted on important matters that may affect the judgment" refers to the case where the parties fail to indicate the judgment among the reasons for the judgment on the matter that naturally affect the conclusion of the judgment by means of attack and defense which is legitimately submitted in a lawsuit. Even if there were errors in the contents of the judgment, it shall not be deemed a deviation from the judgment as referred to in the above Article 4 of the above Act (see Supreme Court Decision 64Hun1 delivered on November 30, 1964). If the reasons for the judgment which is the object of the request for a retrial are compared to those of the appellate brief, it cannot be said that there is an error of omission in the judgment on important matters that affect the judgment on the grounds for appeal since it is clear that the judgment is clearly stated in the grounds for appeal Nos. 1 and 3 of the lawsuit, which are the reasons for the request for a retrial, and therefore, it is merely an error in the misapprehension of legal principles on the judgment before or after the judgment, it cannot be accepted.

Therefore, a lawsuit for retrial is dismissed as it is without merit. The costs of the lawsuit for retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)