1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the 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 of KRW 10,100,000 against the Ulsan District Court Decision 2014Da25620, and the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim on October 28, 2014.

Therefore, the Plaintiff filed an appeal under 2014Na11475, but this Court rendered a ruling dismissing the Plaintiff’s appeal on November 4, 2015 (hereinafter “the ruling on review”).

On November 21, 2015, the judgment subject to a retrial became final and conclusive on November 21, 2015 because the Plaintiff did not appeal.

2. Whether the litigation for retrial of this case is legitimate

A. The plaintiff alleged that the plaintiff had not been injured by C was indicted for an injury to C, and was issued a summary order of KRW 100,000 on June 9, 198 with Busan District Court Decision 88Da1431, Jun. 9, 198, which was issued and paid a fine of KRW 100,000. Thus, the defendant who issued an unfair summary order without disclosing the facts properly is liable to compensate for the plaintiff's damage.

Since the judgment subject to a retrial did not properly determine the Plaintiff’s assertion by misunderstanding the facts, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

B. (1) A lawsuit for retrial is filed within 30 days from the date a party becomes final and conclusive pursuant to Article 456(1) of the Civil Procedure Act, and the existence of grounds for retrial, i.e., omission of judgment pursuant to Article 451(1)9 of the same Act, can be seen by read the authentic copy of the judgment subject to retrial, barring special grounds. Therefore, it is reasonable to deem that the party was aware of the existence of grounds for retrial at the time of delivery of the authentic copy of the judgment subject to retrial. If a subsequent judgment becomes final and conclusive, the period for filing a

(see, e.g., Supreme Court Decision 92Da33930, Sept. 28, 1993). According to the foregoing legal doctrine, the facts that the instant judgment subject to a retrial became final and conclusive on Nov. 21, 2015 are examined as seen earlier.