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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. Existence of the original judgment
A. On September 25, 2014, the Plaintiff filed a lawsuit against the Defendant with the Busan District Court 2014Kadan241845, but the Busan District Court rendered a judgment dismissing the Plaintiff’s claim on July 17, 2015 (hereinafter “the subject judgment on review”).
B. The original judgment was served on the Plaintiff on July 27, 2015, and became final and conclusive on August 11, 2015.
[Ground of recognition] The fact that there has been no dispute, and obvious fact
2. We examine the existence of a ground for retrial.
A. The Plaintiff asserted that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act, and that there was no judgment on the grounds 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, on February 17, 2014, the new Jinjin Construction Co., Ltd., as of February 17, 2014, when it was judged that the obligation it transferred to the Daejin Construction Co., Ltd., which the Plaintiff filed, was KRW 13,105,20, and omitted. ③ The preparation was prepaid through legitimate evidence investigation and omitted the judgment on the examination of the witness issued by the arrest warrant, and ④ the judgment on the invalidity and revocation of evidence No. 1 to No. 4, No. A, No. 17, and No. 19 were omitted.
In addition, the Plaintiff, through the preparatory brief, omitted the judgment subject to a retrial, on the basis of the existence or absence of a specific factual basis.
The grounds for retrial exist in the judgment subject to a retrial on the grounds that the judgment omitted the judgment on whether the evidence No. 19 was void or not.
ex officio a judgment-convenor, according to Article 456(1) of the Civil Procedure Act, a lawsuit for retrial shall be brought within 30 days from the date on which a party becomes aware of the grounds for retrial after the judgment becomes final and conclusive.