1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The Plaintiff, which became final and conclusive in the judgment subject to review, filed a lawsuit claiming reimbursement against the Defendant by Incheon District Court Decision 2014Ga229527, and the said court rendered a judgment identical with the purport of the claim on December 19, 2014, and the Defendant appealed as the Incheon District Court Decision 2015Na50811, but the said court rendered a judgment dismissing the appeal on September 17, 2015 (the instant judgment subject to review) (the instant judgment subject to review), and the Defendant appealed as Supreme Court Decision 2015Da243644 Decided January 28, 2016, it is evident that the said judgment became final and conclusive by dismissing the final appeal on January 28, 2016.

2. In light of the proviso of Article 451(1) of the Civil Procedure Act, a lawsuit for a retrial cannot be filed against the judgment of the court of final appeal which became final and conclusive on the ground of appeal asserted in the ground of appeal, and if the judgment of the court of final appeal is omitted, it can be known if the original of the judgment was served with the original copy of the judgment, and if there is an omission in the judgment, it can be known if the original copy of the judgment of the court of final appeal were read. Thus, barring any special circumstance, it could be asserted in the grounds of appeal, unless the original copy of the judgment of the court of final appeal was served, and it could not be asserted in the grounds of final appeal. Accordingly, barring any special circumstance,

I would like to say.

(See Supreme Court Decision 2006Da4205 Decided June 29, 2007, etc.). In light of the above legal principles, the health class, the defendant, the appellate court, rendered a judgment of this court 2015Na50811, which is the judgment of the appellate court, shall be deemed the judgment subject to a retrial. As a ground for retrial, Article 451(1)9 of the Civil Procedure Act provides that “an omission of judgment” under Article 451(1)9 of the same Act shall be the grounds for retrial (the defendant did not specify the omission of judgment by the time of the