1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Although the Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for damages by Ulsan District Court 2014Gadan44799, was sentenced to the dismissal judgment on May 27, 2015, and appealed by Ulsan District Court 2015Na21639, but was sentenced to the dismissal judgment on June 10, 2015 (hereinafter “the judgment subject to a retrial”). The fact that the said judgment became final and conclusive on November 12, 2015 due to the Plaintiff’s failure to file an appeal despite having received the original copy of the said judgment on the appellate trial, is obvious or obvious to this court.

2. Judgment on the Defendant’s main defense

A. The judge of the defendant's assertion as to the grounds for a retrial by the plaintiff was damaged to the plaintiff by neglecting his duties despite the witness's perjury in each of the loans of the Busan District Court 91Da9544, Ulsan District Court 94Da60052, Busan District Court 94Na3692, which the plaintiff filed against B (hereinafter "previous loans"). The judgment subject to a retrial has a ground for a retrial under Article 451 (1) 9 of the Civil Procedure Act, which judged otherwise, by neglecting his duties despite the witness's perjury.

B. Article 451(1)9 of the Civil Procedure Act provides that “when a judgment was omitted on important matters that may affect a judgment,” the grounds for retrial are stipulated as grounds for retrial. However, once a judgment was made, the circumstance that the judgment was erroneous does not constitute grounds for retrial.

(See Supreme Court Decision 94Da31 delivered on December 22, 1995, etc.). Meanwhile, the proviso of Article 451(1) of the Civil Procedure Act provides that “A party may not file a lawsuit for retrial if he/she did not assert or know the grounds for retrial by an appeal.”

Therefore, a new suit can not be filed against the final and conclusive judgment of the first instance court and the appellate court's judgment, and if so, the appellate court's judgment.