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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, and.
Reasons
1. On June 24, 2015, the Plaintiff filed a lawsuit against the Defendant, which is identical to the purport of the claim, with the Gwangju District Court Seoul District Court Branch Decision 2014Kadan1127, and the said court rendered a judgment that accepted the Plaintiff’s claim on June 24, 2015 (the subject judgment for retrial). Accordingly, the fact that the judgment subject to a retrial became final and conclusive on July 14, 2015 due to the Defendant’s failure to file an
2. The defendant's assertion that the judgment subject to a retrial was not signed and sealed by the defendant and used as evidence a null and void contract (Evidence A No. 3). According to the confirmation (Evidence A No. 1), the defendant's liability, such as management expenses, was not recognized, but made a decision on a different premise. It argues to the purport that there exists a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, since it constitutes "when the judgment on important matters affecting the judgment was omitted.
3. According to the proviso of Article 451(1) of the Civil Procedure Act of the judgment, a retrial cannot be instituted when a party asserts, or does not know, the grounds for retrial by an appeal. Here, the phrase “when the party knows,” “when he knows,” should be interpreted to include not only the cases where the appellate court did not assert, but also the cases where the judgment becomes final and conclusive due to the failure to file an appeal, despite having known, that there were grounds for retrial.
(see, e.g., Supreme Court Decisions 91Da29057, Nov. 12, 1991; 201Da73540, Dec. 22, 2011). In relation to the instant case, even if the Defendant omitted the judgment as alleged in the judgment subject to a retrial, it shall be deemed that the Defendant became aware of the omission of the judgment at the time of receiving the original copy of the judgment subject to a retrial.
However, the defendant is subject to a judgment.