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.

The Plaintiff agreed to succeed to all the obligations related to the foregoing hospital while taking over the D convalescent from the Plaintiff. Of the above hospital’s obligations, the Plaintiff did not perform the above obligations despite having made and made a written notice of payment to the Plaintiff via E as to the obligation to pay for the amount of KRW 75 million to K, which is a trader in the D convalescent and the obligation to pay for the amount of KRW 24,061,580 to K, which is a trader in the D convalescent. As such, the Defendant is liable to pay the Plaintiff the sum of the said amount, KRW 99,061,580, and damages for delay, the first instance court rendered a judgment dismissing the Plaintiff’s claim on January 8, 2015.

(Seoul Northern District Court 2013Kadan38722).(b)

Therefore, although the Plaintiff appealed, on May 17, 2016, the instant judgment subject to a retrial was declared to dismiss the Plaintiff’s claim (Seoul Northern District Court 2015Na1022), the said judgment subject to a retrial became final and conclusive on June 8, 2016 due to the Plaintiff’s failure to file an appeal.

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

A. The plaintiff's assertion confirms that the defendant paid interest on loans to a company bank with the plaintiff's account according to Gap evidence Nos. 21 and evidence Nos. 22-1 and 22-2 submitted to the court of original judgment. According to this, the defendant's assertion that the judgment subject to original judgment of this case had omitted judgment on the ground that there was a ground for retrial under Article 451-1 (1) 9 of the Civil Procedure Act, since the defendant failed to make judgment on the ground that the judgment subject to original judgment of this case was omitted.

B. The phrase “a ground for retrial” under Article 422(1)9, which is one of the grounds for retrial, is one of the grounds for retrial, and is a means of attack and defense presented by a party in a lawsuit, and that has an impact on the judgment.