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 are apparent in the records of the judgment subject to a retrial:

The Plaintiff filed a lawsuit against the Defendants for the claim for the collection amount under the Ulsan District Court Decision 2009 Ghana77412, but on January 26, 2010, the said court dismissed the lawsuit against the Defendant C, and dismissed the judgment against the Defendant D.

B. Accordingly, the Plaintiff appealed as the Ulsan District Court 2010Na1043, but on September 30, 2010, the above court rendered a judgment dismissing an appeal (hereinafter “the judgment dismissing an appeal”) and served the original copy of the said judgment on October 6, 2010. The judgment subject to a retrial became final and conclusive on October 21, 2010.

2. The Plaintiff asserted against Defendant C based on the executory exemplification of the judgment rendered by Busan District Court 94Na14886, Busan District Court 94Na14888, and applied for a seizure and collection order of the lease deposit claim against Defendant C as the Ulsan District Court 2009TTT7938, and received a seizure and collection order from the above court on September 3, 2009.

Accordingly, the Plaintiff filed a lawsuit against the Defendants for the claim for collection, and the decision subject to a retrial is dismissed on the judgment of the first instance court which rejected the Plaintiff’s claim on the grounds that the decision subject to a retrial becomes final and conclusive by the Ulsan District Court Decision 2007Hau1458 and the above court Decision 2007Ma1497. This constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

3. We examine ex officio whether the litigation of this case is legitimate, and "when the judgment is omitted with respect to important matters that affect the judgment" under Article 451 (1) 9 of the Civil Procedure Act refers to cases where a party’s attack and defense is submitted in a lawsuit and the judgment is not clearly stated in the reasoning of the judgment, and as long as the judgment is rendered, the grounds for rejecting the party’s assertion are individually based on which the reasons leading to the judgment are not clearly explained or the parties’ assertion are rejected.