1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

We examine the legitimacy of the litigation for retrial of this case.

Inasmuch as a retrial can only be instituted against a final judgment that has become final and conclusive, a lawsuit for retrial against a final and conclusive judgment is unlawful, and a lawsuit for retrial filed prior to the final and conclusive judgment becomes final and conclusive while the lawsuit for retrial is not dismissed on the ground that it is unlawful,

(See Supreme Court Decision 80Da1132 Decided July 8, 1980. As to the instant case, the Health Service and this Court rendered a judgment subject to a retrial on April 16, 2013. The Plaintiff filed a lawsuit for a retrial on April 17, 2013 regarding the judgment subject to a retrial on the ground that: (a) the Plaintiff filed an appeal against the judgment subject to a retrial on April 22, 2013; and (b) on May 6, 2013, the Plaintiff filed an appeal against the said judgment subject to a retrial on April 22, 2013, and served the original copy of the judgment subject to a retrial on April 22, 2013; and (c) the said judgment continues to exist in the appellate court (Seoul High Court Decision 2013Na207477)

Therefore, since the lawsuit of this case is illegal because it is subject to a final and conclusive judgment, it is not possible to correct it, it is so decided as per Disposition without going through pleadings pursuant to Articles 455 and 219 of the Civil Procedure Act.