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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. While the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of goods with Busan District Court 2012Kadan51086, the Plaintiff appealed on December 7, 2012, but the dismissal of the claim was rendered on which the Busan District Court 2013Na40022, but on June 13, 2013, the final judgment dismissing the appeal was rendered on June 13, 2013. Although the Plaintiff appealed by Supreme Court Decision 2013Da207583, Oct. 11, 2013, the judgment dismissing the first instance judgment became final and conclusive on October 11, 2013, the fact that the final judgment became final and conclusive as it is is by record or is significant
2. Existence of grounds for retrial
A. There are grounds for retrial under Article 451(1)6, 7, and 9 of the Civil Procedure Act to the purport of the Plaintiff’s assertion.
B. First of all, when the requirements of Article 451(1)6 and 7 of the Civil Procedure Act for the grounds for retrial under Articles 451(1)6 and 6 and 7 of the same Act are not satisfied, the litigation for retrial based on the relevant reasons is unlawful, and thus, the litigation for retrial based on the grounds for retrial under Articles 451(2) of the same Act is not unlawful (see, e.g., Supreme Court Decision 88Meu29658, Oct. 24, 1989). Thus, the litigation for retrial based on the grounds for retrial under Articles 6 and 7 of the same Act is unlawful, without prejudice to the determination of the existence or absence of the grounds for retrial (see, e.g., Supreme Court Decision 88Meu29658, Oct. 24, 1989).
Next, a lawsuit for retrial, in which a party to a retrial has lost a judgment on the existence of a cause for retrial under Article 451 (1) 9 of the Civil Procedure Act, and that a final and conclusive judgment was considered as a cause for retrial within 30 days from the date on which the party becomes aware of the grounds for retrial after the judgment became final and conclusive.