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

The Plaintiff filed a lawsuit against the Defendant for damages as the Gwangju District Court 2016Gahap785, and the Gwangju District Court rendered a judgment of the first instance that dismissed the Plaintiff’s claim on December 23, 2016.

B. As to the judgment of the first instance, the Defendant filed an appeal with the Gwangju High Court 2017Na10298, and the Gwangju High Court rendered a judgment subject to a retrial with the purport that the Defendant dismissed the Defendant’s appeal on May 12, 2017.

C. On May 18, 2017, the Plaintiff was not served with the original copy of the judgment subject to a retrial, and the said judgment became final and conclusive on June 2, 2017.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The “Magpo-si Mapo-si Road” at issue in the judgment subject to a retrial by the Plaintiff is a bottled point that reduces from the five lanes to the four lanes, and there exists a traffic island (number and facilities) between the two lanes and the three lanes among the five lanes, and there is a blind spot on the left side to the driver who drives the two lanes.

However, there is a defect in road design because no signal lights or signs are installed on the above roads.

The Plaintiff asserted the foregoing defects in road design during the litigation process, but the judgment subject to a retrial omitted this part of the judgment.

Therefore, there are grounds for retrial falling under the judgment subject to a 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. 1) A lawsuit seeking a retrial of the relevant legal doctrine is filed within 30 days from the date a party becomes aware of the grounds for retrial after the judgment becomes final and conclusive (the existence of grounds for a retrial omitting a judgment under Articles 456(1) and 451(1)9 of the Civil Procedure Act can be seen by read the original copy of the judgment subject to a retrial, unless there are special grounds to the contrary.