1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On November 1, 2016, the Plaintiff (hereinafter referred to as the “Plaintiff”) filed a lawsuit against the Defendant (only the Defendant for reexamination; hereinafter referred to as the “Defendant”) claiming the agreed amount as Seoul Southern District Court 2016Gaso7621. On November 1, 2016, the said court rendered a judgment that partly accepted the Plaintiff’s claim (only a partial dismissal of delay damages; hereinafter referred to as the “ judgment of the first instance”).

B. Accordingly, the Plaintiff and the Defendant dissatisfied with the judgment of the first instance, and appealed as Seoul Southern District Court 2016Na7376, and the Plaintiff further expanded the claim at the appellate court, but the said court rendered a judgment dismissing both the Plaintiff and the Defendant’s appeal and the Plaintiff’s claim expanded at the appellate court on July 13, 2017 (hereinafter “the judgment on review”).

C. The Plaintiff, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2017Da46229, but on February 8, 2018, the final appeal was dismissed, and the judgment subject to a retrial became final and conclusive as it is.

On March 7, 2018, the Plaintiff filed a lawsuit seeking a retrial on the instant judgment subject to a retrial.

(A) The judgment of the court of first instance that the plaintiff sought a retrial on the petition for a retrial was indicated as the judgment of the court of first instance, and Article 451(3) of the Civil Procedure Act provides that “when a court of first instance rendered a judgment on the merits of a case at the appellate trial, no lawsuit for retrial shall be filed against the judgment of the court of first instance.” Accordingly, the lawsuit for retrial of this case is subject to a judgment that is not subject to a retrial, and there is room to deem that the lawsuit for retrial of this case is an unlawful lawsuit that lacks the requirements for litigation. However, after the submission of the petition for retrial, the plaintiff argued about

A. A suit for retrial shall be filed only when the final and conclusive judgment has the grounds stipulated in Article 451 of the Civil Procedure Act.