1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. On May 20, 2014, the Plaintiff filed a lawsuit for damages, etc. against the Defendant by Ulsan District Court 2013Da27434, which became final and conclusive in the judgment subject to a retrial, and the said court rendered a judgment of failure on the Plaintiff’s judgment. The Plaintiff appealed as the same court 2014Na3795, but the said court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on December 24, 2014, and the Plaintiff served an authentic copy of the judgment subject to a retrial on December 26, 2014, and on January 10, 2015, the fact that the judgment subject to a retrial became final and conclusive is either apparent in the record or significant.

2. Whether the litigation for retrial of this case is legitimate

A. Article 451(1)9 of the Civil Procedure Act provides that a ground for retrial under Article 451(1)9 of the Civil Procedure Act exists, since the Plaintiff’s assertion that was subject to a retrial was erroneous and did

B. (1) A lawsuit for retrial is filed within 30 days from the date a party becomes final and conclusive pursuant to Article 456(1) of the Civil Procedure Act, and the existence of grounds for retrial, i.e., omission of judgment pursuant to Article 451(1)9 of the same Act, can be seen by read the authentic copy of the judgment subject to retrial, barring special grounds. Therefore, it is reasonable to deem that the party was aware of the existence of grounds for retrial at the time of delivery of the authentic copy of the judgment subject to retrial. If a subsequent judgment becomes final and conclusive, the period for filing a

(see, e.g., Supreme Court Decision 92Da33930, Sept. 28, 1993). According to the above legal principle, the facts that the instant case was finalized on January 10, 2015 by health care unit, and that the judgment subject to a retrial became final and conclusive on January 10, 2015 are as seen earlier. This part of the grounds for a retrial asserted by the Plaintiff was known at around

However, on March 30, 2017, the Plaintiff filed a lawsuit for the retrial of this case on March 30, 2017, and tried to set the filing period for the retrial.

Therefore, Article 451 (1) 9 of the Civil Procedure Act among the lawsuits for review of this case.