1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Determination of the original judgment

A. On April 18, 2013, the Plaintiff filed a claim for damages against the Defendants and C with the District Court Dongducheon-si District Court 2012 Ghana4695, and the said court rendered a judgment dismissing all the Plaintiff’s claims.

B. The Plaintiff appealed to this Court No. 2013Na5559, but the said court rendered a judgment dismissing the Plaintiff’s appeal on August 29, 2014 (hereinafter “the subject judgment on review”).

C. After that, the Plaintiff appealed by Supreme Court Decision 2014Da64868, but on December 11, 2014, the judgment subject to a retrial became final and conclusive after the dismissal of a final appeal was rendered on the grounds that the lower judgment became final and conclusive.

The Plaintiff filed a lawsuit against C for a retrial on a judgment subject to a retrial (this Court Decision 2018Na38), but was dismissed on December 13, 2018.

2. The judgment subject to a retrial by the Plaintiff deemed that the Defendants were parties to an international marriage brokerage agreement with Defendant B, which entered into with the Plaintiff (hereinafter “instant contract”), and dismissed the Plaintiff’s claim against Defendant D.

In addition, in the case of the plaintiff's claim against the defendant B, the plaintiff did not request the re-transmission, and the plaintiff dismissed the claim.

However, in the case of Suwon District Prosecutors' Office No. 2011-type 41859, etc., all the Defendants revealed that they were parties to the instant contract, and the Plaintiff requested to re-convenate with I, etc.

Therefore, in the judgment subject to a retrial, there are grounds for retrial under Article 451(1)7, 8, and 9 of the Civil Procedure Act, and such grounds should be revoked.

3. A lawsuit for a retrial on a final and conclusive judgment that became final and conclusive as to the existence of a ground for retrial is permitted only when there exist grounds for retrial stipulated under the subparagraphs of Article 451(1) of the Civil Procedure Act. Thus, if the grounds alleged by the Plaintiff for retrial do not constitute such grounds

(See Supreme Court Decision 96Da31307 delivered on October 25, 1996, etc.). The judgment subject to a retrial is subject to a retrial.