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

purport, purport, ..

In the Jeonju District Court 2008Kadan7756 case, the above court rendered a ruling dismissing the plaintiff's claim on September 8, 2009.

B. In Jeonju District Court 2009Na6137, an appellate court of the above judgment, the Jeonju District Court rendered a judgment dismissing the Plaintiff’s appeal on June 15, 2010 (hereinafter “the subject judgment for review”).

The original copy of the instant judgment subject to a retrial was served on June 29, 2010 on the Plaintiff.

C. The Plaintiff appealed against the judgment subject to a retrial, and on September 30, 2010, the judgment of dismissal of the lower court became final and conclusive.

2. Determination on the grounds for retrial by the Plaintiff’s assertion

A. The summary of the Plaintiff’s assertion lies in a ground for retrial under Article 451(1)9 of the Civil Procedure Act as follows.

At the time when the Defendant received KRW 90,000,000 from I, even though the amount of the Plaintiff’s debt to the Defendant was KRW 55,00,000,000, the Defendant received full repayment of KRW 90,000,000 from the Defendant, thereby unjust enrichment of KRW 35,00,000. Although the Plaintiff’s debt to the Defendant was fully extinguished due to the Plaintiff’s repayment, the Defendant received dividends of KRW 14,292,910 and KRW 2,150,467 in the claim distribution procedure.

Nevertheless, the original decision rejected the plaintiff's claim by omitting judgment.

B. In light of the proviso of Article 451(1) of the Civil Procedure Act, a suit for a retrial cannot be filed against the judgment of the court of final appeal which became final and conclusive on the grounds for which the judgment of the court of final appeal was asserted in the grounds of appeal, and if the judgment of the court below was omitted, the original copy of the judgment can be seen if it was served with the original judgment and read the grounds for appeal, barring any special