(영문) 서울고등법원 2019.12.13 2019재나50

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(영문) 서울고등법원 2019.12.13 2019재나50

기타(금전)

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1. The request for retrial of this case is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The plaintiff asserts that there is an error of law in the judgment subject to a retrial under Article 451 (1) 1 of the Civil Procedure Act (Article 451 (1) of the Civil Procedure Act).

Specifically, despite the fact that the plaintiff was an administrative suit filed against the defendant, the appellate court's dismissal of the plaintiff's application for transfer to the court of first instance and rendered a judgment as a civil case, and it seems that there was an error of law in the judgment for retrial and the judgment for retrial as to the above appellate judgment.

2. According to the records of the judgment in the first instance court, the Plaintiff, a member of the Defendant’s association, claimed 20,000,100 won and damages for delay as the amount of wage damages pursuant to Article 12 of the Defendant’s Rules and subparagraph 1 of the attached Table of the Guarantee of Status Guarantee Rules, since the Plaintiff, a member of the Plaintiff, committed the instant disciplinary action against the Defendant while engaging in the activities to improve the working conditions.

Therefore, the first instance lawsuit filed by the Plaintiff against the Defendant is civil cases. The appellate judgment against the judgment of the first instance and the judgment for retrial against the judgment of the appellate court are all legitimate jurisdiction of this court.

Therefore, it cannot be deemed that there exist grounds for retrial in the judgment subject to review, as alleged by the Plaintiff.

3. Conclusion, the plaintiff's request for retrial of this case is dismissed as it is without merit.

(A) The Plaintiff submitted an application for modification of the purport of the claim on November 26, 2019, which was after the closing of argument in the instant case. However, insofar as the Plaintiff’s request for reexamination of the instant claim is dismissed as there is no ground for retrial, the application for modification of the purport

참조조문

-민사소송법 제451조 제1항 제1호

유사 판례

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