수임료 반환
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. The facts below the basic facts are significant or clearly recorded in this Court. A.
On February 20, 2013, the Plaintiff filed a lawsuit against the Defendant for the return of KRW 7,600,000 (Seoul Central District Court 2013dada146741). On September 5, 2013, the court of first instance accepted KRW 2,00,000 in the Plaintiff’s claim and damages for delay, and rendered a judgment dismissing the remainder of the claim.
B. The Plaintiff and the Defendant dissatisfied with the appeal (Seoul Central District Court 2013Na51147). On June 11, 2014, the appeal court rendered a judgment dismissing both the Plaintiff and the Defendant’s appeal (hereinafter “the judgment on review”).
C. The Plaintiff and the Defendant dissatisfied with the final appeal (Supreme Court Decision 2014Da44802), but on October 15, 2014, the final appeal was dismissed, and the said judgment subject to final judgment became final and conclusive.
On November 12, 2014, the Plaintiff filed a lawsuit for a retrial on the judgment subject to a retrial with this court. After that, the Plaintiff did not claim the grounds for retrial in this court until the closing of the pleadings in this case.
2. A lawsuit for retrial on a final judgment which became final and conclusive shall be permitted only when there exist the grounds stipulated in Article 422 of the Civil Procedure Act. Thus, a lawsuit for retrial shall be deemed unlawful if the grounds for the plaintiff's claim for retrial do not constitute such grounds (see, e.g., Supreme Court Decision 82Da14, Sept. 14, 1982). According to the above facts of recognition, the lawsuit for retrial of this case in which
3. If so, the litigation of this case is unlawful, and thus, it is so decided as per Disposition.