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 Defendant seeking payment of KRW 44,080,000 for loans with Ulsan District Court 2014Da55511, and the said court rendered a judgment dismissing the Plaintiff’s claim on August 1, 2014.

B. Although the Plaintiff appealed against the above judgment and filed an appeal with the Ulsan District Court 2014Na10786, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on April 15, 2015 (hereinafter “the judgment on review”) and the judgment on May 5, 2015 became final and conclusive on the ground that the Plaintiff did not file an appeal against the said judgment.

2. Whether the lawsuit for retrial of this case is legitimate

A. In light of the evidence presented by the Plaintiff, even though it is clear that the Plaintiff lent money to the Defendant as stated in the purport of the claim, the judgment subject to a retrial was rendered by omitting the judgment on the evidence or inconsistent with the above evidence, and thus, there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to

B. Article 451 (1) 9 of the Civil Procedure Act provides that "when a judgment is omitted with respect to important matters that may affect the judgment" means an attack and defense submitted by a party in a lawsuit and that has an influence on the judgment, the decision is not clearly stated in the reasoning of the judgment. As long as the judgment is rendered, the reasons leading to the judgment shall not be deemed to be an omission of the judgment under the above Article unless the reasons leading to the judgment are clearly stated or the grounds rejecting the party's claims are individually

(See Supreme Court Decision 200Da47200 Decided November 24, 200, and Supreme Court Decision 99Da62838 Decided January 25, 2002, etc.). In light of such legal principles, the judgment subject to a retrial is whether the Plaintiff lent money as stated in the purport of the claim to the Defendant.