The meaning of "when a judgment was omitted on important matters affecting the judgment", which is a ground for retrial.

Article 422 (1) 9 of the Civil Procedure Act provides that "when a judgment on important matters that may affect the judgment has been omitted" refers to the case where a party does not indicate a judgment among the reasons of the judgment concerning the facts that naturally affect the conclusion of the judgment by means of an attack and defense which the party lawfully submitted in a lawsuit, and by means of defense. Even if the judgment was erroneous or did not clearly state the reasons, it shall not be deemed a deviation of judgment under the above Act.

Article 422(1)9 of the Civil Procedure Act

[Judgment of the court below]

Defendant 1 and one other Defendants, Defendant 1 et al., Counsel for the defendant-appellant-appellee

Supreme Court Decision 80Da826 Decided June 24, 1980

The retrial lawsuit is dismissed.

The litigation costs for retrial shall be borne by the plaintiff for retrial.

The grounds for retrial of the plaintiff shall be examined.

Article 422 (1) 9 of the Civil Procedure Act provides that "when a judgment on important matters that may affect the judgment is omitted" refers to a case where the parties fail to indicate the judgment among the reasons for the judgment regarding the facts that naturally affect the conclusion of the judgment by means of an attack or defense which is lawfully submitted in a lawsuit, and even if the parties erred or did not explain in detail the reasons for the judgment, it shall not be deemed a deviation from the judgment under the above Article of the above Act. In light of the reasons for the judgment prior to the request for retrial of this case, if we examine the reasons for the judgment prior to the appellate brief, it shall be clear that the judgment prior to the judgment is erroneous in the misapprehension of the legal principles as to the assignment of claims, the assumption of obligations, and the registration of omission, etc. which are the grounds for appeal, which are the grounds for appeal, and the judgment prior to the judgment shall not be deemed to be a deviation from the judgment. In addition, it did not explain in detail the grounds for rejection of the grounds for appeal by the king, which is the grounds for the request for retrial.

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

Justices Lee Jong-soo (Presiding Justice)