The action for retrial shall be dismissed.

The litigation costs for retrial shall be borne by the defendant.

A lawsuit for retrial shall be instituted within 30 days from the date the ground for retrial becomes known after the judgment becomes final and conclusive.

(Article 456(1) of the Civil Procedure Act. The gist of the grounds for retrial by the Defendant (hereinafter “Defendant”) is that the party who bears the obligation to return the loan requested by the Plaintiff (Defendant for retrial; hereinafter “Plaintiff”) is not a defendant but a corporate employee stock ownership association, not the defendant. Thus, there is a ground for retrial under Article 451(1)3, 7, and 9 of the Civil Procedure Act in the judgment subject to a retrial.

However, according to the records, since the defendant had already asserted the same claim in the litigation procedure for a retrial, and the rejection of such argument is recognized, it is reasonable to view that the period of time for a retrial on the grounds of the above grounds for retrial should be calculated from the time when

According to the records, the original copy of the judgment subject to a retrial rendered on December 13, 2016 was served on the Defendant on September 27, 2016, and the Defendant filed a lawsuit for retrial of this case on December 17, 2018, much more than 30 days prior to the said date. Thus, the instant lawsuit for retrial was filed after the lapse of the period for filing a lawsuit under Article 456(1) of the Civil Procedure Act, and is unlawful.

Therefore, a retrial suit is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.