1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff).

claim, purport of claim,

Plaintiff’s assertion

The plaintiff asserts to the following purport:

On June 2015, the Plaintiff believed false and exaggerated advertising of Defendant B Co., Ltd. (hereinafter “Defendant B”) to treat in the face of two to three months, and purchased in KRW 340,00 the instrument called D ( Model Name: E) around June 2015, and subsequently, suffered enormous impediment in the daily life, such as respiratory difficulty, due to the use of the said instrument.

Therefore, Defendant B, as an illegal actor, has a duty to compensate the Plaintiff for damages of KRW 4,420,00 in total, including KRW 340,00, financial expenses of KRW 80,000, KRW 3,200,00, and KRW 800,000, legal expenses of KRW 3,200.

However, since the judgment subject to a retrial was erroneous due to lack of knowledge and experience on the establishment of tort, etc., the retrial of this case seeks to revoke the judgment.

The legal principles pertaining to the determination of the legality of a lawsuit for retrial of this case may be brought against a final judgment. As such, even if a lawsuit for retrial of a final judgment is unlawful, and a lawsuit for retrial of a final and conclusive judgment is not dismissed for the reason that the lawsuit filed prior to the final and conclusive judgment is unlawful, a lawsuit for retrial of a final and conclusive judgment is not deemed legitimate (see, e.g., Supreme Court Decision 2016Da35123, Dec. 27, 2016). Article 455 of the Civil Procedure Act applies mutatis mutandis to litigation procedures for retrial of a final and conclusive judgment.

Article 219 of the Civil Procedure Act provides that “In a case where the defects of a lawsuit are improper and cannot be corrected, the lawsuit may be dismissed by a judgment without holding any pleadings.”

Judgment

On May 21, 2020, the judgment subject to a retrial was rendered and rendered on May 21, 2020. The original copy of the judgment was served on the Plaintiff on May 25, 2020, and the Plaintiff filed a lawsuit for retrial on May 29, 2020, which was before the judgment subject to a retrial became final and conclusive, is apparent in the record.

Therefore, the plaintiff filed a lawsuit for retrial of this case before the judgment subject to review becomes final and conclusive.