1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

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

On September 17, 2018, the Plaintiff filed a lawsuit claiming for reimbursement of litigation costs and consolation money with Seoul Central District Court 2018Gaso23906, on the ground that the Plaintiff won the litigation costs and suffered emotional distress by winning the Defendant’s wrong treatment of dentists as false facts. The court of first instance dismissed the Plaintiff’s claim on December 12, 2018.

The Plaintiff appealed against the judgment of the first instance court as Seoul Central District Court 2019Na288, but the appellate court dismissed the Plaintiff’s appeal on June 12, 2019.

The plaintiff appealed against the above appellate court judgment, but the Supreme Court dismissed the plaintiff's appeal on October 18, 2019, thereby the above appellate court's judgment (the judgment on review) became final and conclusive.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The plaintiff's assertion that the defendant asserted false facts in the case subject to review and submitted evidence and ruled against the plaintiff that the plaintiff lost.

(The grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act are asserted). B.

Judgment

Article 451(2) of the Civil Procedure Act provides that “A retrial may be instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final in the case of Article 451(1)4 through 7, or when a final judgment of conviction or a final judgment of imposition of a fine for negligence is impossible due to reasons other than lack of evidence.” The requirements of Article 451(2) of the Civil Procedure Act are to prevent the harm of the lawsuit, and if a cause for retrial under Article 451(1)4 through 7 of the Civil Procedure Act does not meet the requirements of Article 451(2) of the Civil Procedure Act, the lawsuit for retrial on the ground of such cause is illegal, and thus, Article 45