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 records:

On June 17, 2009, the Plaintiffs filed a lawsuit against the Defendant with Busan District Court Decision 2009Gabu209216, seeking the payment of insurance proceeds of KRW 5,000,000 and damages for delay, and the above court rendered a judgment of the first instance on September 23, 201 with the purport that all the claims of the Plaintiffs are dismissed.

B. On October 14, 201, the Plaintiffs appealed by Busan District Court 201Na19239, which was dissatisfied with the judgment of the first instance court. On April 19, 2013, the appellate court rendered a judgment subject to a retrial that all appeals by the Plaintiffs were dismissed.

C. The Plaintiffs were dissatisfied with the judgment subject to a retrial and filed an appeal with Supreme Court Decision 2013Da39247 Decided May 10, 2013, but the Supreme Court dismissed all appeals by the Plaintiffs on September 12, 2013, thereby becoming final and conclusive.

The Plaintiffs filed a lawsuit for reexamination of the instant case on February 28, 2014.

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

A. As the Plaintiffs’ assertion on the grounds for retrial dismissed the Plaintiffs’ motion to verify a CD of video works, and omitted judgment on the degree of injury of Plaintiff A, which is a major issue of trial, there is a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial.

B. Article 451(1)9 of the Civil Procedure Act provides that “When a judgment is omitted with respect to an important matter that may affect the judgment” means an attack and defense submitted by a party in a lawsuit and that has an effect on the judgment, the case where a judgment is not clearly indicated in the grounds for the judgment, and where the grounds for rejecting a party’s assertion are not individually explained, it does not constitute “efford in the judgment.”

(See Supreme Court Decision 2007Da69834, 69841, Nov. 27, 2008, etc.). The judgment subject to a retrial is based on the judgment of the court of first instance, citing the reasoning of the judgment of the court of first instance.