1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are significant in this court, which became final and conclusive in the judgment subject to review:

On August 5, 2008, the Plaintiff filed a lawsuit against the Defendant for damages claim against the Ulsan District Court 2008Gaso81650, and was sentenced to a judgment against the said court on July 14, 2009.

B. Accordingly, the Plaintiff appealed as the Ulsan District Court 2009Na3975 on November 19, 2009, and the appellate court rendered a judgment against the Plaintiff on the ground that “The Defendant, in the case of the loan claim by Busan District Court Ulsan District Court Ulsan Branch 91 Ghana 9568, fabricated evidence such as making the Plaintiff make a false statement, thereby making the Plaintiff lose the judgment, and there is no evidence to prove that the Defendant made the Plaintiff detained the Plaintiff who was not a crime in the case of attempted fraud, etc. by the same support 92Kadan1866.”

On November 26, 2009, the plaintiff was served with an authentic copy of the above judgment, and the above judgment became final and conclusive on December 11, 2009.

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

A. The Plaintiff did not properly determine the Plaintiff’s assertion on the existence of a ground for retrial. As such, the lower judgment did not constitute a ground for retrial under Article 451(1)9 of the Civil Procedure Act, which constitutes “when there was an omission of judgment on important matters affecting the judgment” as stipulated in Article 451(1)9 of the said Act.

However, the grounds cited by the Plaintiff as the grounds for retrial of this case are merely that the instant judgment subject to retrial did not recognize the Plaintiff’s assertion, and cannot be deemed to constitute grounds for retrial under Article 451(1)9 of the Civil Procedure Act. Thus, the instant lawsuit for retrial is unlawful.

B. Not only judgment on the period of the filing of a retrial but also a lawsuit on the basis of the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act shall be brought within 30 days from the date when the party becomes aware of the grounds for retrial after the judgment became final and conclusive (Article 456(1) of the Civil Procedure Act);