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

purport, purport, ..

A. Following the conclusion of the judgment subject to a retrial is apparent or obvious in the records of this case.

1) The Plaintiff filed a lawsuit against the Defendant for the payment of KRW 200 million and damages for delay pursuant to the agreement between the Defendant and the original Defendant as Busan District Court 2002Gahap17190. Accordingly, the above court dismissed the Plaintiff’s claim for the contract amount of this case on the ground that the Plaintiff’s claim was paid in full in accordance with the settlement agreement between the original Defendant even though the Plaintiff’s claim against the Defendant was recognized as a claim for the agreed amount, and that the claim for the agreed amount was paid in full pursuant to the settlement agreement between the original Defendant. (2) The Plaintiff appealed from Busan High Court 2004Na16693 on June 23, 2005. The above court revoked the part of the Plaintiff’s claim for the agreed amount against the Defendant on the ground that only KRW 1,610,646 of the first instance judgment and KRW 200 per annum from June 24, 2005 to the date of full payment (hereinafter “instant decision”).

3) Although the Plaintiff appealed on this, on December 9, 2005, the lower court’s judgment was dismissed on December 9, 2005 (Supreme Court Decision 2005Da44831), and the said judgment became final and conclusive on December 15, 2005. (B) On December 23, 2014, the Plaintiff filed a lawsuit for retrial of this case with the purport that the judgment subject to retrial was arbitrarily determined on the settlement agreement between the original Defendant without legitimate factual deliberation. (2) Article 456 of the Civil Procedure Act of the said judgment provides that a lawsuit for retrial shall be brought within 30 days from the date the parties to the lawsuit became final and conclusive, and that a lawsuit for retrial shall not be brought within five years after the judgment became final and conclusive (paragraph (1)), and that a lawsuit for retrial shall not be brought (Paragraph (3)

The plaintiff's lawsuit of this case was filed more than five years after the judgment subject to a retrial became final and conclusive, as well as only five years thereafter.