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 in records or obvious to this court:

The Plaintiff filed a lawsuit against the Defendant for the return of KRW 107,532,066, out of the money that the Defendant received as a mandatory in charge of performing the business of repaying the Plaintiff’s obligations, as Seosan Branch of Daejeon District Court Decision 2012Gahap1954, and the said court rendered a judgment accepting the Plaintiff’s claim on August 8, 2013.

B. Accordingly, the Defendant appealed from Daejeon High Court No. 2013Na4546, and on August 20, 2014, the said court was in the position of the mandatory administrator who deals with the affairs involving the Defendant’s repayment of the Plaintiff’s obligations.

The judgment of the court of first instance revoked the judgment and sentenced the judgment to dismiss the plaintiff's claim on the ground that it is insufficient to recognize that the plaintiff used KRW 107,532,066 for personal purposes without connection with the plaintiff's obligation.

C. The Plaintiff appealed to the Supreme Court Decision No. 2014Da606444 regarding the judgment subject to a retrial, but on November 27, 2014, the judgment subject to a retrial became final and conclusive as it was dismissed by a trial failure.

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

A. The summary of the Plaintiff’s assertion is that C, a title holder of the second account (hereinafter “the meaning of the language used in the judgment subject to a review”) at the time, is a U.S. study, and that the person who prepared the second account, was the Defendant, omitted the judgment on the fact that the Defendant managed and used the second account.

Therefore, there are grounds for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to review.

B. 1) A lawsuit for retrial is filed within 30 days from the date a party becomes aware of the grounds for retrial after the judgment became final and conclusive (the existence of grounds for retrial, i.e., omission of judgment under Articles 456(1) and 451(1)9 of the Civil Procedure Act, can be seen by read the original copy of the judgment subject to retrial, unless special grounds exist to the contrary.