1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Although the Plaintiff, who became final and conclusive in the judgment subject to review, filed a claim against the Defendant for damages against the Ulsan District Court 2009 Ghana990, the above court rendered a judgment dismissing the Plaintiff’s claim on June 1, 2010, and the Plaintiff appealed as the same court 2010Na3278, but the above court rendered a judgment dismissing the Plaintiff’s appeal on September 30, 2010 (hereinafter “the judgment subject to review”), and the fact that the said judgment became final and conclusive on October 21, 2010 due to the Plaintiff’s failure to file an appeal is obvious or obvious to this court.

2. The Plaintiff held a claim for a ground for retrial against B, and the Plaintiff’s claim for a ground for retrial under Article 451(1)9 of the Civil Procedure Act was rejected on the ground that there was no evidence to acknowledge that there was an illegal act against the Defendant without sufficiently examining the Defendant’s act of neglecting his duties, and that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial is asserted.

A lawsuit for retrial shall be instituted within 30 days from the date a judgment becomes final and conclusive and the grounds for retrial become known (Article 456(1) of the Civil Procedure Act). If an original copy of the judgment is served on the party, barring any special circumstance, the party becomes aware of whether the judgment was omitted at the time when the original copy of the judgment was served, and thus, the party becomes aware of the existence of the grounds for retrial. Therefore, if the judgment becomes final and conclusive thereafter, the period for filing a

Supreme Court Decision 92Da33930 delivered on September 28, 1993