1. The lawsuit of this case shall be dismissed.

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

the purport and purpose of the claim;

1. We examine the legitimacy of the litigation of this case’s retrial as to whether the litigation of this case’s retrial is legitimate.

Since a retrial can only be instituted against a final judgment which became final and conclusive, a lawsuit for retrial against a final and conclusive judgment is unlawful, and a judgment becomes final and conclusive while a lawsuit for retrial filed before the final and conclusive judgment is not dismissed on the ground that

Even if a lawsuit for a retrial is not deemed lawful (see Supreme Court Decision 80Da1132, Jul. 8, 1980). The fact that the Defendant (the Plaintiff for a retrial) served on Oct. 30, 2020 the authentic copy of the written judgment in the judgment subject to a retrial is significant in this court, and that the two weeks thereafter has not elapsed, it is apparent that the lawsuit for a retrial of this case was filed on Nov. 8, 2020.

As a result, the litigation of this case is subject to a final and conclusive judgment, and thus, is an incidental law.

2. Therefore, we decide to dismiss the lawsuit of this case for retrial as per Disposition.