Period for filing a lawsuit for retrial

A lawsuit for retrial is required to be instituted within 30 days from the date the parties become aware of the grounds for retrial after the judgment becomes final and conclusive, and this period shall be calculated from the date the judgment becomes final and conclusive, if the parties became aware of the grounds for

Article 426 of the Civil Procedure Act

Reopening Plaintiff, Ltd.

Defendant 1 Incorporated Foundation and 2 others

Seoul District Court (62Hun-Ba1) of the first instance trial

This appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff for retrial.

The attorney of the plaintiff in the retrial shall revoke the part against the plaintiff in the original judgment. The defendant in the retrial shall jointly and severally pay to the plaintiff in the retrial an amount of one million won or more per annum from October 11, 1959 to the above full payment.

All of the costs of lawsuit shall be jointly borne by the new defendant, etc. and a declaration of provisional execution. Defendant 1 company's attorney shall be dismissed in the case of the new plaintiff.

The new trial costs are assessed against the plaintiff.

The attorney of the plaintiff in retrial shall revoke the original judgment.

The part against the plaintiff in this judgment shall be revoked.

The defendant of retrial, etc. shall jointly and severally pay 1 million won to the plaintiff of review and an amount equivalent to the rate of 6% per annum from October 11, 1959 to the above full payment.

All the costs of lawsuit shall be borne by the new defendants, etc. in the first and second trials, and the defendant 1 company's attorney shall dismiss this appeal.

The costs of appeal shall be borne by the plaintiff for retrial, and since the defendant 2 and 3 of the retrial did not appear on the date of each pleading of the case, they shall be based on the result of pleadings and examination of evidence in the original instance.

As to the legitimacy of the review of this case ex officio, this case is a petition for review against a claim for damages filed by the Seoul District Court No. 1765 in 1960, and on November 23, 1961, which became final and conclusive on January 13, 1962 by the decision of the court on the same case. The plaintiff filed a lawsuit for review on February 13, 1962 on the ground that the decision of the court on February 13, 1962 on important matters affecting the so-called judgment under Article 422 (1) 9 of the Civil Procedure Act is obvious in the records of this case.

A plaintiff in the above claim for damages was served on the above legal representative on December 30, 1961, and therefore, the plaintiff in the retrial presumed to have been aware of the same contents of the judgment was received on the same date, not on December 30, 1961, but on January 8, 1962, and the non-party received the above original of the judgment on January 8, 1962. The non-party provided the above original of the judgment to the plaintiff in the retrial on January 8, 1962. Thus, the plaintiff's legal representative filed an appeal against the above judgment on the 22th day of the same month, which was within the filing period, and the appeal period was expired on the grounds that the appeal period was expired on the same grounds as the above, so it is difficult to recognize it differently by the testimony of the non-party witness 1 and the non-party 2.

A lawsuit for retrial is required to be instituted within 30 days from the date when the parties concerned become aware of the grounds for retrial after the judgment became final and conclusive, and if the parties concerned become aware of the grounds for retrial before the judgment becomes final and conclusive, the period of release should be calculated from the date when the judgment becomes final and conclusive. In this case, the plaintiff for retrial is presumed to have had no grounds for retrial before the judgment becomes final and conclusive, and it is obvious that the lawsuit for retrial was instituted after the lapse of 30 days from Jan. 13, 1962 to 30 days from

As such, it is reasonable that the original judgment should be dismissed without making any judgment on the remainder of the claims for the principal lawsuit by the plaintiff. Therefore, the appeal by the plaintiff for retrial is without merit, and therefore, it is so decided as per Disposition by applying Articles 384, 95, and 89 of the Civil Procedure Act.

Judges Kim Jong-hwan (Presiding Judge)