1. The plaintiff's action for retrial shall be dismissed.

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

1. The following facts are clear in records or significant in this court:

On June 17, 2013, the Plaintiff filed a lawsuit against the Defendant seeking a judgment on the claim for damages as Seoul Central District Court Decision 2013Da5560854, and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on October 25, 2013.

B. On June 26, 2014, the Plaintiff appealed against the judgment of the first instance, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “instant judgment subject to a retrial”).

C. The original copy of the instant judgment subject to a retrial was served on the Plaintiff by public notice on September 13, 2014, and the instant judgment subject to a retrial became final and conclusive on September 30, 2014, as the Plaintiff did not file an appeal.

2. Determination on the grounds for retrial

A. Omission of judgment on important matters that may affect the judgment on the gist of the Plaintiff’s assertion

(See Article 451(1)9 of the Civil Procedure Act).

Judgment

A suit for retrial, which states that a final judgment was omitted on important matters affecting a judgment, shall be instituted within 30 days from the date the party becomes aware of the grounds for retrial after the final judgment became final and conclusive (see Article 456(1) of the Civil Procedure Act). If the original copy of the judgment is served on the party, the party becomes aware of whether the judgment was omitted at the time when the original copy of the judgment was served.

I would like to say.

(See Supreme Court Decision 2007Jada147 Decided April 26, 2007). According to the overall purport of the records and arguments, the Plaintiff was issued a certified copy of the instant judgment subject to a retrial on April 23, 2015, and at that time, appears to have known that there existed grounds for a cause for a retrial omitting judgment in the instant judgment subject to a retrial. The Plaintiff’s lawsuit for a retrial was filed on September 27, 2017, which was obvious from that time.