1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. On July 22, 2009, the Plaintiff filed a lawsuit against the Defendant seeking non-existence of insurance claim based on an insurance contract between the Plaintiff and B as Seoul Southern District Court Decision 2007Da9350, and was sentenced to the judgment of the first instance on July 22, 2009. The Defendant’s objection and appealed as Seoul Southern District Court 2009Na8463, the appellate court dismissed the Defendant’s appeal on the ground that the instant accident does not fall under the injury accident guaranteed under the insurance terms and conditions, and that the medical disorder occurred to the Defendant after the instant accident does not fall under “when two snow distances exist,” the payment rate of the insurance proceeds under the insurance terms and conditions, and thus, the appellate court rendered a judgment dismissing the Defendant’s appeal.

(hereinafter “The Judgment on Review”). On July 23, 2010, the Defendant served a service of the said judgment subject to review and appealed thereto, and appealed by Supreme Court Decision 2010Da6294 Decided October 28, 2010, but the judgment subject to review became final and conclusive as the final judgment was rendered on October 28, 2010.

[Reasons for Recognition] The substantial fact in this Court

2. Determination as to the existence of a ground for retrial

A. The defendant's assertion that there was a ground for retrial under Article 451 (1) 1 of the Civil Procedure Act since the defendant did not form a judgment court in accordance with the law, and that there was a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, and that there was a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act because the judgment subject to retrial did not render any judgment with respect to insurance premiums

B. A lawsuit for retrial shall be filed within 30 days, which is an peremptory period, from the date when the party becomes aware of the grounds for retrial after the judgment becomes final and conclusive (Article 456(1) and (2) of the Civil Procedure Act), and the party’s submission of a written judgment among the grounds for retrial under Article 451(1) of the same Act, barring special circumstances, to the extent that its existence can be known by read the written judgment