보증금반환
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, and.
1. On July 7, 2016, the Plaintiff filed a lawsuit against the Defendant claiming the return of lease deposit as stated in the purport of the claim against the Defendant on the following grounds: (a) this Court rendered a judgment in favor of the Plaintiff on November 18, 2016 (hereinafter “the judgment in favor of the Plaintiff”); and (b) the Defendant appealed on December 12, 2016 with the Changwon District Court Decision 2016Na7689 on December 12, 2016, after receiving an authentic copy of the judgment in review on November 28, 2016, but it was evident that the judgment in review became final and conclusive by failing to appear after being summoned on each date of pleading opened on April 4, 2017 and May 16, 2017 within one month from May 16, 2017.
2. Determination on the lawfulness of the litigation for retrial of this case
A. The Defendant’s assertion renounced the right of defense prior to the filing of a lawsuit subject to retrial, and the Defendant’s payment disruptions due to a new tenant and an amount dispute. Therefore, there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act.
B. On the other hand, in a case where a lawsuit for retrial was instituted on the basis of the grounds that do not constitute legitimate grounds for retrial, or on the basis of the grounds that were alleged after the expiration of the period for filing a retrial, the lawsuit for retrial is unlawful and thus ought to be dismissed (see Supreme Court Decision 96Da31307, Oct. 25, 196). If the original copy of the judgment was served on the party, barring any special circumstance, the party becomes aware of the existence of the grounds for retrial by being aware of whether he/she was deprived of the judgment at the time when he/she was served the original copy of the judgment, barring any special circumstance. Thus, if the judgment becomes final later, the period for filing a lawsuit for retrial on the grounds of the waiver of the judgment ought to be calculated from the date when the judgment for retrial became final and conclusive (see Supreme Court Decision 2001Da5906, Apr. 24, 201).