1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

On July 23, 2013, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (hereinafter “Defendant”) for damages (hereinafter “Defendant”) on the ground that he/she was injured by an erroneous inspection at a dental hospital operated by the Defendant, and on the ground that he/she was injured by a dental hospital operated by the Defendant, the Seoul Central District Court rendered a judgment of the first instance that dismissed the Plaintiff’s claim on December 12, 2013.

The Defendant appealed against the judgment of the first instance court, and the Seoul Central District Court (2014Na979) declared the judgment subject to a retrial that dismissed the Plaintiff’s appeal on May 23, 2014.

On September 26, 2014, the Plaintiff appealed against the judgment subject to a retrial, and the Supreme Court (2014Da384456) rendered a judgment dismissing the Plaintiff’s final appeal, which became final and conclusive.

On April 20, 2015, the Plaintiff filed a lawsuit for reexamination of the instant case.

2. The Plaintiff asserts that there exists a ground for retrial regarding the legitimacy of a retrial of this case where “when a confession was made, or a person was obstructed in submitting the means of offence and defense that may affect the judgment, due to another person’s act subject to criminal punishment,” as prescribed by Article 451(1)5 of the Civil Procedure Act in the judgment subject to retrial.

(5) The Plaintiff’s grounds for retrial as of April 20, 2015, 1, and 5 pages of the request for correction of the purport of the claim as of May 7, 2015). The Plaintiff did not assert or prove that any specific circumstance in relation to the instant case falls under Article 451(1)5 of the Civil Procedure Act.

In addition, in the case of Article 451 (2) of the Civil Procedure Act Article 451 (1) 4 through 7, a suit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a conviction or a fine for negligence cannot be made for reasons other than lack of evidence.