1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

1. The Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for damages with the Ulsan District Court 2015Gaso13464, and the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim on September 15, 2015.

Therefore, the Plaintiff filed an appeal with the Ulsan District Court 2015Na22687, but this Court rendered a ruling dismissing the Plaintiff’s appeal on November 30, 2016 (hereinafter “the ruling on review”).

In other words, the Plaintiff appealed by Supreme Court Decision 2016Da276993, but was dismissed, which became final and conclusive on April 3, 2017.

2. Determination as to the request for retrial

A. In light of the proviso of Article 451(1) of the Civil Procedure Act, a suit for a retrial cannot be filed against the judgment of the court of final appeal which became final and conclusive on the ground of appeal for which the judgment of the court of final appeal was rendered on the ground of appeal, and if the judgment of the court of final appeal was omitted, it can be known if the original judgment was served on the original judgment and read the grounds of the judgment. Thus, barring any special circumstance, barring any special circumstance, it could be asserted as the grounds of final appeal since the omission of judgment could be known when the original judgment was served on the original judgment, and it could not be asserted as the grounds of final appeal unless there is any special circumstance. Accordingly, the judgment of the court of final appeal

I would like to say.

(2) In light of the purport of the proviso of Article 451(1) of the Civil Procedure Act, which provides for the supplement of a retrial, and the nature of a trial for non-trial trial, the same shall apply to a case where the appellate court dismissed the appeal against the lower judgment as a continuous trial.

(See Supreme Court Decision 2008Da7970 Decided May 29, 2008). B.

In light of the above legal principles, the Plaintiff appealed against the judgment subject to review.