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, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for damages claim against the U.S. District Court 2014Gada17001, and the said court rendered a judgment on the Plaintiff’s failure on October 14, 2014. As to this, the Plaintiff appealed to the same court 2014Na72788, but the said court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on November 4, 2015. On November 6, 2015, the Plaintiff served a certified copy of the judgment subject to a retrial on November 21, 2015, and the fact that the judgment subject to a retrial became final and conclusive is apparent or significant in the record.

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

A. The Defendant asserted that the Plaintiff had stolen the chest drugs and red ginseng, but did not properly determine the Plaintiff’s assertion by misunderstanding the fact that the judgment subject to a retrial was rendered, and there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act.

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 doctrine, the facts that the instant case became a health unit and the judgment subject to a retrial became final and conclusive on Nov. 21, 2015 are as seen earlier. This part of the grounds for a retrial asserted by the Plaintiff was known at the time of the final and conclusive judgment subject to a retrial.

However, on June 9, 2017, the Plaintiff filed a lawsuit for the retrial of this case on which 30 days have passed from that time, and the period for filing the petition for retrial.