The litigation of this case shall be dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

purport, purport, and.

1. The following facts, based on which facts are based, are apparent in, or are remarkable to, this Court:

The Plaintiff filed a lawsuit against the Defendant for damages, such as the claim stated in the purport of the claim, as the Suwon District Court’s Ansan Branch 2015Gahap23977, and the said court rendered a judgment dismissing the Plaintiff’s claim on June 15, 2017 (hereinafter “the first instance judgment”).

B. As to the judgment of the first instance, the Plaintiff appealed as Seoul High Court No. 2017Na2034989, and the said court rendered a judgment dismissing the Plaintiff’s appeal on November 24, 2017 (hereinafter “the second judgment”).

C. The Plaintiff appealed to the second instance judgment by Supreme Court Decision 2017Da289767. On March 15, 2018, the said court rendered a judgment dismissing the appeal for non-trial appeal, and on the same day, the said judgment became final and conclusive.

2. Determination on the legitimacy of a lawsuit

A. When an appellate court rendered a judgment on the merits of a case in relation to the judgment subject to retrial, it shall not institute a lawsuit on the judgment of the first instance.

(Article 451(3) of the Civil Procedure Act. Therefore, where an appellate court rendered a judgment on the merits of a case in an appellate trial, a lawsuit filed in the first instance court on the judgment of the first instance, which is not the appellate court judgment, is not the subject of retrial, and is not the subject of retrial, and thus, it cannot be deemed a lawsuit which lacks the requirements for retrial and merely violates the jurisdiction of retrial. However, whether a lawsuit filed in the appellate court rendered a judgment on the merits of a case in an appellate trial is subject to the judgment of the first instance or the subject of the appellate court judgment, or not, should not be determined with only an indication of the judgment on retrial as stated in the petition for retrial (

(see, e.g., Supreme Court Decision 83Meu1981, Feb. 28, 1984). However, as seen in the underlying facts.