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1. All of the lawsuits for retrial of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On August 25, 2017, the Plaintiff filed a lawsuit against the Defendant seeking reimbursement of damages based on unlawful acts as the Gwangju District Court’s 2017Gahap392.
B. On January 17, 2018, the above court rendered a judgment dismissing the Plaintiff’s claim (hereinafter “the first review judgment”), and received the original copy of the judgment on the first review on January 19, 2018.
C. On January 30, 2018, prior to the final and conclusive date of the judgment on the first review ( February 3, 2018), the Plaintiff filed a petition for retrial with the Gwangju District Court as Gwangju District Court 2018 J. 14 on the ground that there were grounds for retrial under Article 451(1)7 through 10 of the Civil Procedure Act on January 30, 2018.
On August 16, 2018, when the plaintiff was served with the original copy of the judgment on the first review, the first review court became final and conclusive as it did not file an appeal despite having known whether there was any of the above grounds for review. This constitutes “when the plaintiff did not know of the grounds for review” under the proviso of Article 451(1) of the Civil Procedure Act, and thus, the said lawsuit on retrial was deemed unlawful and thus dismissed (hereinafter “the second review judgment”).
E. On August 29, 2018, prior to the final and conclusive date of the judgment on the second review ( September 5, 2018), the Plaintiff filed an application for modification of the purport of the claim to add the judgment on the first review to the judgment subject to review on June 13, 2019.
[Reasons for Recognition] Cleared Facts
2. Determination on the legitimacy of the litigation for retrial of this case
A. 1) The judgment on the first retrial of the Plaintiff’s assertion is based on the following grounds for retrial. ① The judgment on the first retrial of the Plaintiff’s assertion is omitted from the determination on the allegations and evidence submitted by the Plaintiff regarding the Defendant’s tort (Article 451(1)9 of the Civil Procedure Act), and the Defendant’s false assertion was adopted (Article 451(1)7 of the Civil Procedure Act).