1. Of the lawsuits for retrial of this case, the part concerning the grounds for retrial under Article 451(1)9 of the Civil Procedure Act is dismissed.

1. Fictitious facts;

A. On April 21, 2015, the Plaintiff filed a lawsuit against the Defendant on April 21, 2015 against the Busan District Court 2015Kadan29271, and the Busan District Court rendered a judgment accepting part of the Plaintiff’s claim on September 8, 2016.

B. The Plaintiff appealed as Busan High Court Decision 2016Na2536, and the Busan High Court rendered a judgment dismissing all the Plaintiff’s appeal and extended claim on December 21, 2016 (hereinafter “Ruling on Review”) and the Plaintiff was served with the judgment subject to review on December 29, 2016.

C. The Plaintiff appealed by Supreme Court Decision 2017Da2380, and the Supreme Court rendered a judgment of rejection of a trial on April 28, 2017, and the judgment subject to a trial became final and conclusive on May 8, 2017.

On May 30, 2008, the Plaintiff, while filing a lawsuit for a retrial on the instant judgment subject to a retrial, may file a lawsuit for a retrial on the final judgment that became final and conclusive, in the event that it falls under any of the following subparagraphs (Grounds for Retrial) Articles 451(1)9 and 451 of the Civil Procedure Act (Grounds for Retrial)

Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.

4. When the judge taking part in the trial commits any offense relating to his duties.

9. The grounds for retrial exist when the judgment was omitted on important matters affecting the judgment.

2. Determination

A. As to the assertion that there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, a lawsuit for retrial shall be instituted within 30 days from the date the relevant party becomes final and conclusive, after becoming aware of the grounds for retrial (Article 456(1) of the Civil Procedure Act).

In addition, when an original copy of the judgment is served on the attorney, the attorney shall be served with the original copy of the judgment unless there are special circumstances.