1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Although the Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a claim against the Defendant for damages against the U.S. District Court Decision 2012Gau47503, the said court rendered a judgment dismissing the Plaintiff’s claim on December 4, 2012, and the Plaintiff appealed as the same court 2013Na34, but the said court rendered a judgment dismissing the Plaintiff’s appeal on May 15, 2013 (hereinafter “the judgment subject to a retrial”). The fact that the said judgment became final and conclusive on June 5, 2013 due to the Plaintiff’s failure to file an appeal is obvious or obvious to this court.

2. On December 8, 201, the Plaintiff filed a claim against the Defendant for KRW 1 million and damages for delay on the ground that the Defendant stolen KRW 700,000 from the Plaintiff’s home room on December 8, 201, and the Plaintiff failed to work, and accordingly, the Plaintiff claimed expenses of KRW 300,000 against the Defendant. Since the judgment subject to a retrial did not accept the Plaintiff’s assertion, the judgment subject to a retrial only believed the Defendant’s falsity and did not accept the Plaintiff’s assertion, the judgment subject to a retrial contains grounds for retrial under Article 4

A lawsuit for retrial shall be instituted within 30 days from the date a judgment becomes final and conclusive and the grounds for retrial become known (Article 456(1) of the Civil Procedure Act). If an original copy of the judgment is served on the party, barring any special circumstance, the party becomes aware of whether the judgment was omitted at the time when the original copy of the judgment was served, and thus, the party becomes aware of the existence of the grounds for retrial. Therefore, if the judgment becomes final and conclusive thereafter, the period for filing a

(See Supreme Court Decision 92Da33930, Sept. 28, 1993). However, the Plaintiff was served with the judgment subject to a retrial and filed a lawsuit for the retrial of this case on December 3, 2013 at the expiration of 30 days from the date the said judgment became final and conclusive, and such lawsuit was instituted after the peremptory period under Article 456(1) of the Civil Procedure Act expires.