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

purport, purport, ..

On November 14, 2016, the Plaintiff filed a lawsuit against the Defendant to seek compensation for damages against the Plaintiff due to the Defendant’s lending of a licensed real estate agent qualification certificate to the Seoul Northern District Court Decision 2016Da39016 (hereinafter “instant lawsuit”). On November 14, 2017, the lower court recognized the Defendant’s employer’s liability and partly accepted the Plaintiff’s claim.

B. The Defendant, who is dissatisfied with the judgment of the first instance, appealed as Seoul Northern District Court 2017Na4469, and the appellate court revoked the judgment of the first instance on June 27, 2018 and declared the judgment that partly accepted the Plaintiff’s claim by recognizing the Defendant’s liability for aiding and abetting tort.

C. On June 28, 2018, the Defendant served an authentic copy of the judgment subject to a retrial and appealed with Supreme Court Decision 2018Da38485 Decided June 28, 2018. However, the lower judgment was rendered on October 25, 2018.

2. Whether the litigation for retrial of this case is legitimate

A. The summary of the Defendant’s assertion that the Plaintiff did not cause damage to the Plaintiff, as the sum of the amounts that the Plaintiff received from C was larger than the sum of the amounts that the Plaintiff lent to C in the judgment subject to a retrial, was omitted in the judgment subject to a retrial.

Therefore, there are grounds for retrial under Article 451, Paragraph 1, Item 9 of the Civil Procedure Act because the judgment subject to a retrial falls under "when the judgment was omitted on important matters that affect the 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 that became final and conclusive on the ground of appeal, as alleged in the ground of appeal, and if so, the judgment of the court below.