2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

On June 20, 2012, the Plaintiff filed a lawsuit for damages (hereinafter “MFC Art Center”) against Defendant and MFC Art Center (hereinafter “B”), and B (hereinafter “B”), and was sentenced to a judgment in favor of the Plaintiff on June 20, 2012, that “The Defendant and MFC Art Center, and B shall pay the Plaintiff 150 million won per annum from November 14, 2008 to July 4, 2012, and 20% per annum from the next day to the date of full payment.”

B. The Defendant, MFC Art Center, and B, dissatisfied with the judgment of the first instance, appealed by this Court No. 2012Na66121, but this Court was sentenced on February 21, 2013 to the judgment subject to a retrial that “all appeals by the Defendant, etc. are dismissed.”

C. The Defendant et al. appealed and appealed (Supreme Court Decision 2013Da29264), but on March 26, 2015, the Supreme Court rendered a ruling dismissing an appeal, which became final and conclusive on March 26, 2015.

2. Determination on the grounds for retrial

A. Whether there exists a ground for a retrial under Article 451(1)7 of the Civil Procedure Act (1) of the Defendant’s assertion that Defendant B, a co-defendant B of the first instance trial, did not state to the Defendant the content of “outside writing” or the content of “additional copyright fee”, but stated the Defendant as to the above content. Since such false statement was proven as evidence of a judgment, there is a ground for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.

(2) Article 451(2) of the Civil Procedure Act provides that “In the case of paragraph (1) 4 through 7, a suit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a conviction or a fine for negligence cannot be made for reasons other than lack of evidence.”