Case Number of the immediately preceding lawsuit
Seoul High Court 2009Nu332 (Law No. 18, 2010)
Case Number of the previous trial
Early High Court Decision 2008Du1244 (Law No. 23, 2008)
Title
Lawsuits that do not constitute grounds for retrial are unlawful.
Summary
If a party had already asserted such a cause in the appellate trial on the decision subject to a retrial or had not knowingly asserted it, this does not constitute a ground for a retrial.
The decision
The contents of the decision shall be the same as attached.
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff (Plaintiff).
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition