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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1.The following facts of recognition shall be apparent in the records or significant to this Court:
The Plaintiff asserted that, as the court against Defendant Dong Dong-B, the above Defendant, as the court 2012Ga39314, confirmed the illegal disposition of dismissal against the Plaintiff as it did not comply with the order of remedy for unfair suspension from office against the Plaintiff by Seoul Regional Labor Relations Commission, and thus, the Plaintiff is liable for compensation for the Plaintiff’s damage. The Plaintiff filed a lawsuit against the above Defendant seeking payment of KRW 20,000,100 as compensation for damages, and the first instance court rendered a judgment dismissing the Plaintiff’s lawsuit on December 20, 2012.
With regard to this, the Plaintiff appealed from this Court No. 2013Na8332, and extended the claim to the Defendant’s assignee for the amount stated in the above claim as damages.
On November 14, 2014, the above appellate court rendered a judgment dismissing both the Plaintiff’s appeal and the Plaintiff’s primary claim against the Defendant transferee and the conjunctive claim against the Defendant transferee added at the appellate court (hereinafter “the judgment on review”). Accordingly, the Plaintiff appealed by Supreme Court Decision 2014Da88536, but the Supreme Court dismissed the final appeal on April 14, 2015, thereby became final and conclusive.
B. The Plaintiff asserted that there exists a ground for retrial under Article 451(1)7 and 10 of the Civil Procedure Act regarding an original judgment, and filed a lawsuit for retrial on May 7, 2015 by Suwon District Court 2014Na71, but the said court ordered the rejection of the complaint on June 16, 2015. The Plaintiff filed a complaint against the order to dismiss the complaint, but the said court ordered the rejection of the complaint on August 10, 2015. The said court rejected the order to dismiss the petition, and the Plaintiff re-appealed by Supreme Court Decision 2015Ma1501 regarding the order to dismiss the petition, but on December 3, 2015, the Plaintiff was dismissed.
C. Article 451(1) of the Civil Procedure Act is applicable to the judgment subject to a retrial again.