2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

On July 11, 2013, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 10,000,000 to the court of first instance of the instant case. On October 15, 2013, when the said lawsuit is pending, the Defendant filed a counterclaim with the purport of seeking a judgment, such as the claim for the main counterclaim.

On February 19, 2014, the court of the first instance rendered a ruling to accept the plaintiff's main lawsuit (excluding the part on partial delay damages) and to dismiss the defendant's counterclaim.

(2) On November 19, 2014, the appellate court dismissed the Defendant’s appeal against the principal lawsuit on November 19, 2014, and rendered a judgment dismissing all the Defendant’s main and ancillary counter-claim. The appellate court rendered a judgment dismissing all the Defendant’s main and conjunctive counter-claim.

(hereinafter “instant judgment subject to a retrial.” Although the Defendant appealed against the instant judgment subject to a retrial on March 26, 2015, the Supreme Court rendered a judgment dismissing the Defendant’s final appeal (2014Da87250 (principal claim), 2014Da87267 (Counterclaim)), the instant judgment subject to a retrial became final and conclusive as it is.

2. Inasmuch as the Defendant’s assertion on the grounds for retrial acknowledged that the Plaintiff lent to the Defendant without being lent to the Defendant, this constitutes grounds for retrial omitting judgment under Article 451(1)9 of the Civil Procedure Act.

3. Article 451(1) of the Civil Procedure Act provides that “In any of the following cases, a suit for a retrial may be filed against the final and conclusive judgment: Provided, That the same shall not apply where the parties have asserted the grounds by an appeal, or have knowingly failed to assert, the grounds therefor.”