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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. Determination of the original judgment
A. On February 13, 2014, the Plaintiff filed a lawsuit against the Defendant seeking the payment of damages, and on February 13, 2014, the Chuncheon District Court sentenced the first instance court that dismissed the Plaintiff’s claim (2013Gain9366).
B. On May 8, 2015, the Plaintiff appealed against the judgment of the first instance court, and the Chuncheon District Court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal.
C. On May 13, 2015, the original original copy of the judgment subject to a retrial was served on the Plaintiff. On May 22, 2015, the Plaintiff appealed to the judgment subject to a retrial, which was within the period of final appeal, and voluntarily withdrawn the final appeal on June 8, 2015, and accordingly, the judgment subject to a retrial became final and conclusive.
Meanwhile, on June 11, 2015, immediately after the withdrawal of the appeal, the Plaintiff filed a lawsuit seeking retrial of this case by asserting that the grounds for retrial under Article 451(1)9 of the Civil Procedure Act was “when the judgment was omitted on important matters affecting the judgment”.
2. The Plaintiff’s judgment subject to a retrial constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act, which constitutes “when the judgment was omitted on important matters affecting the judgment.”
3. Determination
A. The proviso of Article 451(1) of the Civil Procedure Act provides that a lawsuit for a retrial may not be filed when the parties have asserted the grounds for a retrial by an appeal or do not have known of such grounds, which is a provision on the supplement of retrial. The purport of this provision is to recognize emergency relief by a lawsuit for retrial only in cases where the parties have known the existence of the grounds for a retrial at the time when an appeal can be filed, and where the parties could not assert it by an appeal if they had known the existence of the grounds for a retrial at the time when an appeal can be filed. The term “when the parties have known of the existence of the grounds for a retrial,” “when they did not make an appeal,” in this context,