The action for retrial shall be dismissed.

The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).

The Plaintiff (hereinafter “Plaintiff”) asserts that there exist grounds for retrial under Article 451(1)6 and 9 of the Civil Procedure Act in the instant judgment subject to a retrial.

In light of the records, the plaintiffs filed a request for retrial on the grounds the same as or similar to the lawsuit of this case, and received a dismissal judgment and dismissal judgment. The lawsuit of this case is deemed to have been repeatedly filed on the grounds the same as or similar to the previous request for retrial, and thus, it is inappropriate to permit it as it constitutes abuse of the right of lawsuit

In addition, in order to claim the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, the grounds for retrial should be asserted and proved together with the fulfillment of the requirements under Article 451(2) of the Civil Procedure Act, except for such grounds for retrial. A lawsuit seeking a retrial under Article 451(1)6 of the Civil Procedure Act is unlawful without satisfying the requirements under Article 451(2) of the Civil Procedure Act (see, e.g., Supreme Court Decision 2006Da14462, Sept. 14, 2006). Therefore, the lawsuit of this case is dismissed, and the costs of the retrial are borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.