대여금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The purport of the judgment subject to a retrial was that the Plaintiff filed a lawsuit claiming a loan amounting to KRW 48.10,000 against the Defendant and was sentenced to a judgment against August 30, 2005 by Ulsan District Court Decision 2005Da43374, which sought payment of the loan amounting to KRW 48.0,000,00,000, and that the Plaintiff appealed as the same court 2005Na3281, Dec. 21, 2006, but was sentenced to a judgment subject to a retrial dismissing an appeal on December 21, 2006, and the original copy of the judgment was served on January 2, 2007. The Plaintiff re-appealed by the Supreme Court Decision 2007Da8273 on April 13, 2007,
2. Whether a lawsuit for retrial of this case is legitimate or not is a ground for retrial under Article 451(1)9 of the Civil Procedure Act. As such, a lawsuit for retrial based on the grounds for retrial of this case should be filed within 30 days from the date the party concerned knew of the grounds for retrial after the judgment became final and conclusive (Article 456(1) of the same Act). If the original copy of the judgment is served on the party concerned, barring any special circumstance, the party concerned becomes aware of the existence of the grounds for retrial by being aware of whether the judgment was omitted at the time when the original copy of the judgment was served. Thus, where a judgment becomes final and conclusive thereafter, the period for filing a petition for retrial of the above 30-day period should be calculated from the date the judgment subject to retrial becomes final and conclusive
(2) On January 2, 2007, the Plaintiff served the original copy of the judgment subject to a retrial on January 2, 2007, and the judgment subject to a retrial is the same year.
4. Inasmuch as the facts established on 13.1 are as seen earlier, the period for filing a retrial for a judgment subject to a retrial shall be calculated from April 13, 2007, in which the judgment subject to a retrial became final and conclusive, and it is apparent in the record that the lawsuit was filed on February 12, 2009, which was 30 days after the lapse of the said 30-day period, so the lawsuit of this case based on the grounds for a retrial is different.