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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.The following facts are apparent in records or significant in this Court:
On October 2, 2008, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 1 million for damages under the Suwon District Court Decision 2008Gasi5368, but was sentenced to dismissal by the above court on October 2, 2008. On objection to the above judgment, the appeal was filed by Suwon District Court 2008Na24040, and the purport of the appeal was extended to KRW 20,000,100. However, on April 22, 2009, the Plaintiff was sentenced to both the Plaintiff’s appeal and the claim extended by the appellate court (hereinafter “instant appellate judgment”).
On April 29, 2009, the Plaintiff was served with the certified copy of the instant appellate judgment but did not file an appeal within the period of appeal, and the instant appellate judgment became final and conclusive on May 14, 2009.
B. On August 1, 2014, the Plaintiff filed a lawsuit for retrial under Article 451(1)3, 7, 9, and 10 of the Civil Procedure Act with respect to the instant appellate judgment. The Plaintiff asserted that there exist grounds for retrial under Article 451(1)3, 7, 9, and 10 of the Civil Procedure Act. However, the said court dismissed on May 29, 2015 on the ground that “the grounds for retrial under Article 451(1)7, and 9 of the Civil Procedure Act among the Plaintiff’s lawsuit for retrial cannot be a legitimate ground for retrial, or the period for filing a retrial expires,” and the judgment dismissing the grounds for retrial under Article 451(1)3, and 10 of the Civil Procedure Act on the ground that the grounds for retrial are groundless (hereinafter “instant judgment subject to retrial”). The instant judgment subject to retrial became final and conclusive on June 19, 2015.
C. The Plaintiff asserted that there exist grounds for retrial under Article 451(1)3, 7, 9, and 10 of the Civil Procedure Act regarding the judgment of the appellate court in the instant case, and filed a lawsuit for retrial under the Suwon District Court 2015 Jaena125 on July 8, 2015. However, the said court did not have legitimate grounds for retrial on November 10, 2016 or new grounds for retrial by combining the lawsuits for retrial.