구상금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant (Plaintiff).
purport, purport, ..
1. Inasmuch as a lawsuit for retrial can be instituted against a final judgment that became final and conclusive, a lawsuit for retrial against a final and conclusive judgment is unlawful, and even if a judgment becomes final and conclusive while a lawsuit for retrial filed prior to the final and conclusive judgment is not dismissed on the ground that it is unlawful, the lawsuit for retrial is not deemed legitimate.
(See Supreme Court Decision 2016Da35123 Decided December 27, 2016, and Supreme Court Decision 80Da1132 Decided July 8, 1980, etc.). After the instant judgment subject to a retrial was pronounced on September 2, 2016, the petition for final appeal was dismissed and finalized on October 10, 2016 due to the Defendant’s non-existence of recognition. The instant lawsuit for new trial was clearly filed on September 11, 2016, which was the date on which the judgment subject to a retrial becomes final and conclusive, and thus, the instant lawsuit for new trial is unlawful.
(2) The court below's decision to dismiss the lawsuit for retrial of this case is delivered with the court below's decision to dismiss the lawsuit for retrial of this case. However, the defendant's decision to "Seoul High Court 2015Na2045312" is merely cited as the judgment subject to retrial, and it does not specify "a protocol of reconciliation, a protocol of waiver or recognition of a claim, or a ruling or order that may be dissatisfied with an immediate appeal," and thus, it is deemed as a lawsuit for retrial of this case.