1. The plaintiff (the plaintiff)'s action for retrial of this case shall be dismissed.

2. The costs of the retrial are assessed against the plaintiff.

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On August 17, 2016, the Plaintiff filed a lawsuit against the Defendant that “The Defendant introduced the Plaintiff as a graduate of a high school of Vietnam, Vietnam, while mediating an international marriage, and let the Plaintiff marry with C while doing so, but in fact C has graduated from an elementary school. Since the marriage relationship has disappeared after C’s false educational background, the Defendant shall compensate the Plaintiff for damages.” However, the above court rendered a judgment dismissing the Plaintiff’s claim on January 25, 2017.

B. The Plaintiff filed an appeal with the Incheon District Court 2017Na1295 regarding the foregoing judgment, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal on June 1, 2017 (hereinafter “instant judgment”) and the Plaintiff’s appeal against the said judgment (Supreme Court Decision 2017Da21305) was also dismissed by the Supreme Court on September 7, 2017, and the judgment subject to a retrial became final and conclusive on the same day.

2. Determination on the grounds for the request for retrial

A. The gist of the Plaintiff’s assertion is that, even though the marriage with C during the trial of the judgment subject to a retrial had been asserted as to the cause of failure, the judgment subject to a retrial did not make any judgment on such cause, which constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act, “when the judgment was omitted on important matters that may affect the judgment.”

B. Article 451(1) of the Civil Procedure Act provides that “In any of the following cases, a suit for a retrial may be filed against the final and conclusive judgment: Provided, That the same shall not apply where the parties have asserted the grounds by an appeal or have not known the grounds therefor,” and Subparag. 9 thereof.