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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
The Plaintiff filed a lawsuit against the Defendant as Busan District Court No. 2015 Ghana42995, and the said court rendered a judgment dismissing the Plaintiff’s claim on September 21, 2015 (hereinafter “the first instance judgment”).
B. Accordingly, the Plaintiff appealed from the judgment of the first instance to Busan District Court 2015Na13093. However, on June 2, 2016, the said court rendered a judgment dismissing both the Plaintiff’s appeal and the claim extended in the trial (hereinafter “the judgment on review”).
C. The Plaintiff, who was dissatisfied with the judgment subject to a retrial, appealed by Supreme Court Decision 2016Da27986, but the final appeal was dismissed on September 9, 2016, and on September 19, 2016, the Plaintiff served the original copy of the judgment, and the judgment subject to a retrial became final and conclusive as it is.
On December 28, 2018, the Plaintiff filed a lawsuit for retrial of this case against the judgment subject to a retrial.
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion