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1. The judgment of the court of first instance, including the claims expanded by this court, shall be modified as follows:
Reasons
1. Basic facts
A. Plaintiff A entered the Gun with a healthy body, and filed a claim for damages against E and Republic of Korea as Seoul Central District Court Decision 2012Ga537107, based on the following: (a) Plaintiff A entered the Gun with a healthy body; (b) due to the use of the aforementioned Plaintiff’s violent language, D’s volunteer abuse, and the attempt at the incidental level to conceal assault and bullying and Cruel acts, etc. of the members of the 2-day group, other appointed soldiers; and (c) filed a claim for damages against E and Republic of Korea.
B. On January 29, 2013, the Seoul Central District Court rendered a judgment dismissing the Plaintiff’s above claim on January 29, 2013, and thereafter the Plaintiff’s appeal (Seoul High Court 2013Na2004799) and appeal (Supreme Court 2013Da219258) were all dismissed, and the said judgment became final and conclusive as is.
C. On November 17, 2015, Plaintiff A filed a petition for review with the Seoul High Court Decision 2015Na20018, and rendered a dismissal judgment on November 17, 2015, on the ground that Plaintiff A’s claim does not constitute legitimate grounds for retrial, but continued to file an application for an additional trial with the said court, and the said court designated the date for pleading regarding the said case (hereinafter “instant case for retrial”).
Plaintiff
On January 18, 2016, A dismissed the existing legal representative of the instant case, while on the same day appointed the Defendant as a new legal representative of the Plaintiff A. On January 19, 2016, the Defendant appeared and testified as the Plaintiff A’s legal representative on the fourth day of pleading of the said case, which was in progress on January 19, 2016. The pleadings were concluded on the said date of pleading.
E. Accordingly, Plaintiff A dismissed the Defendant from the legal representative, filed an application for resumption of argument with the Seoul High Court, and thereafter, the pleading of the instant case was resumed in accordance with the said court’s ruling on resumption of argument, and the fifth day for pleading was in progress on April 21, 2016, and the pleading was concluded again on the said date for pleading.
F. On May 3, 2016, the Seoul High Court rendered a lawsuit on the instant case on May 3, 2015.