The action for retrial shall be dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

The Plaintiffs filed a lawsuit for the retrial of this case on the grounds that the instant judgment subject to review omitted judgment on important matters that could affect the judgment.

However, a lawsuit for retrial shall be filed within 30 days from the date the grounds for retrial became final and conclusive (Article 8 of the Administrative Litigation Act, Article 456(1) of the Civil Procedure Act), and, barring any special circumstance, if the original copy of the judgment of the court of final appeal is served on the party, the party becomes aware of the existence of grounds for retrial by being aware of the omission of judgment at the time the original copy of the judgment was served on the party, barring any special circumstance. Therefore, the period allowed for filing a lawsuit for retrial on

(2) According to the records, the original copy of the instant judgment subject to a retrial was delivered to the Plaintiffs on June 17, 2013 (see, e.g., Supreme Court Decision 2006Du290, Jan. 11, 2007). The records reveal the fact that the Plaintiff filed a lawsuit for the retrial of this case on January 16, 2014, where the date on which the original copy of the instant judgment subject to a retrial was much more than 30 days after the date on which the original copy of the judgment subject to a retrial was served, and the Plaintiff had been dismissed on June 24, 2013.

Therefore, a suit for retrial of this case, based on the grounds for retrial under Article 451(1)9 of the Civil Procedure Act, is unlawful as it was filed after the peremptory period under Article 456(1) of the Civil Procedure Act expires.

Therefore, a retrial suit is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.