1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

1. The Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendants for damages with the Ulsan District Court 2013 Ghana4237, and the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim on May 14, 2013.

Accordingly, the Plaintiff filed an appeal with the Ulsan District Court 2013Na2757, but this Court rendered a ruling dismissing the Plaintiff’s appeal on December 24, 2013 (hereinafter “the ruling on review”).

On January 17, 2014, the judgment subject to a retrial became final and conclusive because the Plaintiff did not appeal against this.

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

A. Article 451(1)9 of the Civil Procedure Act provides that a ground for retrial under Article 451(1)9 of the Civil Procedure Act exists, since the Plaintiff’s assertion that was subject to a retrial was erroneous and did

B. (1) A lawsuit for retrial is filed within 30 days from the date a party becomes final and conclusive pursuant to Article 456(1) of the Civil Procedure Act, and the existence of grounds for retrial, i.e., omission of judgment pursuant to Article 451(1)9 of the same Act, can be seen by read the authentic copy of the judgment subject to retrial, barring special grounds. Therefore, it is reasonable to deem that the party was aware of the existence of grounds for retrial at the time of delivery of the authentic copy of the judgment subject to retrial. If a subsequent judgment becomes final and conclusive, the period for filing a

(See Supreme Court Decision 92Da33930 Decided September 28, 1993, etc.). According to the above legal principles, the facts that the judgment of this case became final and conclusive on January 17, 2014 are as seen earlier. This part of the grounds for retrial asserted by the Plaintiff was known around the day when the judgment of retrial became final and conclusive.

However, on September 12, 2016, the Plaintiff filed a lawsuit for reexamination of the instant case on September 12, 2016, which was 30 days after which the Plaintiff had been filing.

Therefore, Article 451 (1) 9 of the Civil Procedure Act among the lawsuits for review of this case.