1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent in the records of the judgment subject to a retrial:

The plaintiff filed a lawsuit against the defendant for a loan (the purport of the claim is that the defendants pay 600,000 won and 25% interest per annum from August 20, 1993 to the date of complete payment) with the Busan District Court 2003Gab230563, which was sentenced to the judgment against the plaintiff in full.

B. Accordingly, the Plaintiff appealed as the Ulsan District Court 2004Na2274 on February 17, 2005, but served the original copy of the above judgment on February 22, 2005, which was sentenced to the dismissal of an appeal by the above court on February 17, 2005, and then appealed as the Supreme Court Decision 2005Da14373 on May 13, 2005, but the said judgment subject to a retrial became final and conclusive.

2. The plaintiff asserts that the judgment of the court of first instance dismissing the plaintiff's claim for retrial was unlawful, and that the dismissal of appeal against the judgment of the court of first instance, which dismissed the plaintiff's claim for retrial, was an omission

On the other hand, a lawsuit for retrial shall be brought within 30 days from the date when the party becomes aware of the grounds for retrial after the judgment became final and conclusive (Article 456(1) of the Civil Procedure Act). The plaintiff was aware of the existence of the grounds for retrial on February 22, 2005 when the original copy of the judgment subject to retrial was served. Therefore, the plaintiff should have filed a lawsuit for retrial within 30 days from May 13, 2005 when the judgment subject to retrial became final and conclusive after the date when the party becomes aware of the existence of the grounds for retrial. The lawsuit for retrial of this case was filed on June 20, 2008, which was 30 days after the expiration of the said 30-day period for the filing of the

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's lawsuit for retrial of this case is unlawful and dismissed.