1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The Plaintiff filed a claim for damages against the Defendant by Ulsan District Court 2008Gaso81650, which became final and conclusive in the judgment subject to a retrial. On July 14, 2009, the above court rendered a judgment on the Plaintiff’s failure, and extended the purport of the claim by the Plaintiff on appeal to the same court 2009Na39755. However, the above court rendered a judgment subject to a retrial that dismissed all the Plaintiff’s appeal and expanded claim on November 19, 2009. On November 26, 2009, the Plaintiff served an authentic copy of the judgment subject to a retrial on December 11, 2009, and the fact that the judgment subject to a retrial became final and conclusive is either apparent in the record or significant.

2. The Plaintiff asserts that the judgment subject to a retrial constituted “when the judgment was omitted with respect to important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act.

Before determining whether there was any ground for retrial as alleged by the Defendant in the judgment subject to retrial, the instant lawsuit for retrial was instituted within the period for filing a retrial, and whether it is legitimate after the party’s judgment became final and conclusive, and then the said period constitutes a peremptory term (Article 456(1) of the Civil Procedure Act). Barring special circumstances, barring special circumstances, the party becomes aware of the existence of the ground for retrial by becoming aware of whether the judgment was omitted at the time when the original copy of the judgment was served (Article 456(2) of the Civil Procedure Act). Thus, where a judgment becomes final and conclusive thereafter, the period for filing a lawsuit for retrial on the ground for evading the said judgment should be calculated from

(See Supreme Court Decision 92Da33930 delivered on September 28, 1993). Unless there is any assertion or proof as to the special circumstance that the Plaintiff was unaware of the grounds for retrial at the time when he was served with the original copy of the judgment subject to retrial, the Plaintiff was served with the original copy of the judgment subject to retrial on November 26, 2009.