1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

The following facts that have become final and conclusive in the judgment subject to review are apparent or apparent in records in this court:

The Plaintiff filed a principal suit against the Defendant, which sought damages from the Defendant as the U.S. High Government District Court 2010Kadan18129, and the Defendant filed a counterclaim against the Plaintiff as the above court 2010Kadan32230.

On December 8, 2011, the court of the first instance dismissed the plaintiff's claim on the main lawsuit and rendered a judgment that partly admitted the defendant's claim on the counterclaim as follows.

The plaintiff shall pay to the defendant 5,859,000 won with 5% interest per annum from January 2, 2008 to December 8, 201, and 20% interest per annum from the next day to the day of full payment.

As to the counterclaim of the judgment of the first instance, the Defendant appealed to the part against the Defendant among the parts relating to the counterclaim of the judgment of the first instance, as the court 2012Na830 (principal lawsuit), 2012Na847 (Counterclaim), and the Plaintiff also appealed to the part against the Plaintiff among the parts relating to the principal lawsuit of the judgment of the first instance and the part regarding the counterclaim against the Plaintiff.

On December 19, 2014, this Court rendered a decision for a new trial to accept part of the Plaintiff’s incidental appeal and to dismiss both the Defendant’s appeal, the remainder of the Plaintiff’s incidental appeal, and the Defendant’s counterclaim claim expanded in the previous appellate trial prior to the new trial.

The part against the plaintiff in excess of the payment order among the parts concerning the counterclaim of the judgment of the first instance, shall be revoked, and the defendant's counterclaim claim corresponding to that part shall be dismissed.

The plaintiff shall pay to the defendant 4,837,838 won with 5% interest per annum from January 2, 2008 to December 5, 2014, and 20% interest per annum from the next day to the day of full payment.

The Defendant appealed against this and appealed by Supreme Court Decision 2015Da7633, 2015Da7640 (Counterclaim), but the final appeal was dismissed on April 23, 2015, and the judgment subject to a retrial became final and conclusive on April 27, 2015.

The defendant's assertion about the grounds for retrial and the defendant's argument about the judgment subject to retrial.