임금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The following facts are clearly recorded in the judgment subject to a retrial:
On August 26, 2016, the Plaintiff filed a lawsuit against the Defendant seeking wage payment with the Seoul Central District Court 2016Da646548, and the judgment dismissing the Plaintiff’s claim was rendered on November 10, 2016.
B. Accordingly, the Plaintiff appealed as Seoul Central District Court 2016Na81576, but the judgment dismissing the Plaintiff’s appeal on the ground that the evidence submitted by the Plaintiff alone was insufficient to recognize that the Defendant obtained unjust enrichment, such as using a part of the Plaintiff’s wages at will or not paid wages to the Plaintiff, as alleged by the Plaintiff.
Therefore, the above appellate judgment became final and conclusive on May 2, 2017 because the plaintiff did not appeal.
2. Whether a lawsuit for retrial is lawful;
A. The plaintiff's assertion that the plaintiff's wage was paid in full to the plaintiff's account in the name of the plaintiff and the plaintiff did not pay the full amount of the wage to the plaintiff without any particular reason (Evidence A6 and 7) shall be submitted.
As the judgment subject to a retrial was omitted, there are grounds for a retrial under Article 451(1)9 of the Civil Procedure Act.
B. 1) A lawsuit for retrial ought to be instituted within 30 days from the date a party becomes aware of the grounds for retrial after a judgment became final and conclusive (Article 456(1) of the Civil Procedure Act provides that the existence of grounds for retrial, such as omission of judgment, can be seen by read the original copy of the judgment subject to retrial, barring special circumstances. Thus, if the original copy of the judgment is served on the party, barring special circumstances, the party becomes aware of the existence of grounds for retrial by being aware of the omission of judgment at the time when the original copy of the judgment was served, and thus, the period for filing a lawsuit for retrial on the grounds of omission of judgment becomes final and conclusive