A. The meaning of “a deviation from judgment” under Article 422(1)9 of the Civil Procedure Act, or the meaning of “a case where the judgment that filed a retrial conflicts with the final and conclusive judgment previously rendered” under Article 422(1)10 of the Civil Procedure Act and the meaning of its provision

A. Article 422(1)9 of the Civil Procedure Act refers to the case where a judgment is not indicated in the reasoning of the judgment as to the important matters that may affect the judgment, as the means of attack and defense submitted by the parties in a lawsuit, as to the conclusion of the judgment. As long as the judgment was rendered, the grounds for rejecting the parties’ assertion are not individually explained, or even if there were errors in the contents of the judgment, it cannot be deemed as a failure of judgment as referred to in the above Article of the Act.

B. Article 422(1)10 of the Civil Procedure Act provides that when there is a final and conclusive judgment that conflicts with the final and conclusive judgment rendered prior to the final and conclusive judgment to institute a new trial refers to a case where two final and conclusive judgments conflict with one another with regard to the same content between the same parties, when the judgment to institute the new trial becomes final and conclusive, the court cannot make a judgment contrary to the final and conclusive judgment.

(a) Article 422(1)9 (b) of the Civil Procedure Act; Article 422(1)10 (b)

A. Supreme Court Decision 80Hun-Ga49 delivered on June 9, 1981; Supreme Court Decision 83Hun-Ga14 delivered on December 28, 1983

Plaintiff

Defendant

Supreme Court Decision 86Da287 Delivered on October 14, 1986

The retrial lawsuit is dismissed.

Litigation costs for retrial shall be borne by the defendant (Plaintiffs for retrial).

The grounds for retrial shall be examined.

Article 422 (1) 9 of the Civil Procedure Act provides that "when the court decides on important matters affecting the conclusion of the judgment" refers to an attack and defense method submitted by the parties to a lawsuit which affect the conclusion of the judgment, the court does not indicate a judgment among the reasons for the decision. If the decision was made, a ground for rejecting the appellant's assertion may not be individually explained, or even if there were errors in the decision, it shall not be deemed an omission of judgment as referred to in the above Article, and where the decision is in conflict with the final judgment rendered before the decision was rendered in Article 422 (1) 10 of the same Act refers to the case where two conflicting final judgments are rendered with regard to the same matters between the same parties, and where the decision becomes final and conclusive, the court cannot make a decision inconsistent with the final and conclusive judgment which became final and conclusive (see Supreme Court Decisions 80Da4977, Jun. 9, 198; 200Da18314, Dec. 28, 1983).

There is no reason for all arguments.

Therefore, the lawsuit of this case is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Man-hee (Presiding Justice)