1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. In March 29, 2013, the Seoul Central District Court Decision 2012Da52557 (Main Office) and the judgment dismissing the defendant's counterclaim (hereinafter referred to as "the judgment dismissing the defendant's counterclaim"), which cited the plaintiff's main claim and rendered a judgment dismissing the defendant's claim for a counterclaim (hereinafter referred to as "the judgment dismissing the defendant's counterclaim"), which delivered the original copy to the defendant on April 3, 2013, and the defendant submitted a petition of appeal against the judgment subject to a retrial on April 12, 2013, but it is evident that the judgment subject to a retrial becomes final and conclusive upon receipt of an order to file a petition of appeal on May 14, 2013 and dismissed the petition of appeal on April 18, 2013.

2. Determination

A. By May 12, 2006, the Defendant, as a patient suffering from defoliants, may receive assistance from the Plaintiff, as determined by the Act on Assistance, etc. to Patients Accruing from Actual or Potential aftereffects of defoliants.

From around 2004 to May 11, 2006, the Defendant claimed approximately KRW 15,000,000 per month for surgery expenses for the treatment of actual aftereffects of defoliants and approximately KRW 400,000 per month, but omitted judgment in the judgment subject to a retrial.

Therefore, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

B. Whether there exists a cause for a retrial under Article 451(1)9 of the Civil Procedure Act can be seen by read the original copy of the judgment subject to a retrial, barring special circumstances. Thus, unless there is any evidence supporting the grounds for a retrial, it is reasonable to deem that the parties were aware of the existence of the cause for a retrial when they were served with the original copy of the judgment subject to a retrial, and in such a case, the lawsuit for a retrial is filed within 30 days after the parties became aware of the existence of the cause for

Supreme Court Decision 199Na1488 delivered on December 14, 1993