1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

In around 2016, the Plaintiff filed a lawsuit against the Defendant seeking the return of agreed amount equivalent to the amount stated in the purport of the claim against the Defendant (the original and the Defendant, who is the creditors of the Co., Ltd.) with effort to collect the outstanding claim against each debtor of the Co., Ltd. in the agreement to divide this in proportion to the claim ratio of the original and the Defendant’s claim, and then filed a lawsuit seeking the return of the agreed amount balance under the premise that the agreement was agreed to divide it in proportion to the claim ratio against the original and the Defendant’s claim ratio).

(2016 Ghana14246).2

Although the Plaintiff appealed against this, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on August 8, 2017 (hereinafter “instant judgment subject to a retrial”) (hereinafter “instant judgment subject to a retrial”).

(Court) The Plaintiff appealed on November 29, 2017, but the instant judgment subject to a retrial became final and conclusive as it became final and conclusive on November 29, 2017.

(Supreme Court Decision 2017Da35472). [See Supreme Court Decision 2017Da35472] [The grounds for retrial in the judgment of the court of first instance are examined. When an appellate court rendered a judgment on the merits of a case, the court of first instance may not institute a lawsuit for retrial against the judgment (Article 451(3) of the Civil Procedure Act). The record appears to the purport that the Plaintiff appears to have written the

However, as seen earlier, the fact that the plaintiff appealed against the judgment of the court of first instance of a lawsuit claiming return of agreed amount brought by the plaintiff against the defendant and was sentenced to the dismissal of appeal. In such a case, the lawsuit claiming a retrial against the judgment of the court of first instance cannot be subject to the judgment of the court of first instance, and thus, the transfer issue

Therefore, this part of the lawsuit against the judgment of the court of first instance which is not subject to a retrial is unlawful.

However, the judgment of the third court also seems to have been stated in the judgment of retrial.