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 review, are apparent or apparent to this court.

The Plaintiff filed a lawsuit against the Defendant with Busan District Court No. 201Gapo245604, Jun. 19, 2012, the said court rendered a judgment of partly citing the following: “The Defendant shall pay to the Plaintiff 990,000 won and the amount calculated at the rate of 5% per annum from July 5, 2011 to June 19, 2012, and 20% per annum from the next day to the date of full payment.”

B. The Plaintiff appealed as Busan District Court 2012Na12259, but the appeal was dismissed on October 19, 2012, and the said judgment became final and conclusive on November 8, 2012 due to the absence of any objection by the parties.

C. The Plaintiff filed a lawsuit for retrial against the Busan District Court Decision 2012Na12259 Decided May 9, 2013, which rendered a judgment dismissing the Plaintiff’s request for retrial.

Therefore, the Plaintiff appealed by Supreme Court Decision 2013Da40230, but the appeal was dismissed on September 12, 2013.

2. Determination on the legitimacy of a retrial suit

A. The Plaintiff alleged that “The Defendant’s compensation for delay on the unpaid rent was reduced to KRW 90,00,000, and there is no reasonable arbitrary judgment, and that it is unreasonable that it is contrary to the Supreme Court Decision 90Da14478 Decided March 27, 1991, and thus, is contrary to the Supreme Court Decision 90Da1478 Decided March 27, 191.” The Plaintiff’s assertion did not make any decision on the original judgment (Dasan District Court 2012Na12259) or the previous original judgment subject to a retrial.

Therefore, there are grounds for retrial falling under the judgment subject to a retrial under Article 451(1)9 of the Civil Procedure Act, “when the judgment was omitted on important matters that may affect the judgment.”

B. A lawsuit for a retrial on the final judgment of the first instance judgment shall be permitted only when there are grounds for a retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, provided that the parties concerned file an appeal.