New affirmative damage and res judicata effect arising after the closing of argument in the lawsuit ordering the affirmative damage;

In a case where a new affirmative damage occurs after the closing of argument in the previous suit ordering compensation for affirmative damage caused by a tort, the occurrence of the damage could not be predicted at the time of the closing of argument in the previous suit, and there are special circumstances such as not being deemed to have renounced the claim, even though the claim for the part is not reserved in the previous suit, it does not conflict with the res judicata effect of the previous suit, since it

Article 202 of the Civil Procedure Act

Plaintiff

Korea

Chuncheon District Court Decision 80Na10 delivered on June 13, 1980

The original judgment shall be reversed, and the case shall be remanded to Chuncheon District Court Panel Division.

The plaintiff's grounds of appeal Nos. 1 and 2 are examined together.

According to the reasoning of the judgment of the court below, if active damages such as medical expenses are one subject of lawsuit, and the judgment becomes final and conclusive after seeking active damages such as medical expenses, etc. in the previous lawsuit, even if the claim is not reserved in the previous lawsuit, the new lawsuit claiming damages such as medical expenses, etc., which occurred after the closing of argument, shall be deemed to be in conflict with the res judicata, and thus, did not withhold the claim in the previous lawsuit. Thus, the court below held that such claim would be in conflict with the res judicata effect, and thus, it would be inappropriate for the court below to hold that such active damages such as medical expenses, etc., arising after the closing of argument in the previous lawsuit would be in conflict with the interests of the previous lawsuit. However, in a lawsuit claiming damages due to tort, unless there are special circumstances, such as the occurrence of damages could not be predicted at the time of the closing of argument in the previous lawsuit, and even if there were special circumstances such as the waiver of the claim, it cannot be said that there were no special grounds for reversal of the previous lawsuit, and therefore, the judgment below did not have any interests in the previous lawsuit.

Therefore, the original judgment is reversed, and the case is remanded to Chuncheon District Court Panel Division which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Hong-chul (Presiding Justice)