1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

1. While the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of goods with Busan District Court Decision 2012Kadan51086, the Plaintiff appealed on December 7, 2012, but appealed with Busan District Court Decision 2013Na40022, but the dismissal of the appeal was sentenced on June 13, 2013. Although the Plaintiff appealed with Supreme Court Decision 2013Da207583, Oct. 11, 2013, the Plaintiff filed a final judgment of dismissal of the first instance judgment became final and conclusive on October 11, 2013, the fact that the judgment of dismissal of the final judgment became final and conclusive as it is is is obvious or significant in the record.

2. Existence of grounds for retrial

A. There are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in regard to the purport of the Plaintiff’s assertion.

B. With respect to the grounds for retrial under Article 451(1)7 of the Civil Procedure Act, when the requirements under Article 451(2) of the same Act are not met, the lawsuit for retrial based on the relevant grounds is unlawful, and thus, the grounds for retrial under Article 451(2) of the same Act should be dismissed without any determination as to whether or not there exist any grounds for retrial under Article 451(7) of the same Act (see, e.g., Supreme Court Decision 88Meu29658, Oct. 24, 1989); the judgment of conviction as to the facts alleged by the Plaintiff was finalized; or there is a possibility that a final judgment of conviction may be rendered; however, there is no evidence to support that the suspect was dead, whose statute of limitations has expired, or whose indictment has been suspended, or that a final judgment of

In light of Article 456(3) of the Civil Procedure Act, the Plaintiff asserts that a lawsuit for retrial may be brought unless five years have passed since the judgment became final and conclusive, regardless of whether the requirements under Article 451(2) of the same Act are met.

However, in light of the language and text of the above provision, when the requirements under Article 451(2) of the Civil Procedure Act are not satisfied, whether five years have passed since the judgment became final and conclusive.