1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

On December 13, 2007, the Plaintiff filed a lawsuit against the Defendant for damages due to traffic accidents with the Incheon District Court 2007Kadan125061, and the court of the first instance rendered a judgment ordering the Defendant to pay KRW 9 million and its delay damages by accepting the Plaintiff’s claim partially on September 8, 2009.

Accordingly, the Plaintiff appealed to this Court No. 2009Na91592, but this Court rendered a judgment subject to a retrial to dismiss the Plaintiff’s appeal on November 11, 2011. The Plaintiff appealed against this, but the judgment subject to a retrial became final and conclusive upon the Supreme Court Decision No. 2012Da28943 Decided October 25, 2012.

2. Existence of grounds for retrial

A. The Plaintiff’s assertion that the judgment subject to a retrial was based on the Plaintiff’s negligence at 20% and 50% of its contribution, and calculated the amount of damages by deeming the Plaintiff’s negligence as 20% and 50% of its contribution. The Plaintiff’s testimony or testimony by the documents or the witness (a notary driver B and the Defendant’s adjuster) as evidence

Therefore, there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial.

B. Article 451(2) of the Civil Procedure Act provides, “A lawsuit may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a conviction or a fine for negligence cannot be rendered for reasons other than lack of evidence in the case of paragraph (1) 4 through 7,” and Article 451(2) of the Civil Procedure Act provides, “The requirements of Article 451(2) of the Civil Procedure Act are to prevent the harm of the remaining lawsuit, and if the above requirements are not satisfied as to the grounds for retrial under Article 451(1)4 through 7, the lawsuit for retrial based on the above reasons are illegal, and thus, the grounds for retrial under subparagraphs 4 through 7 of