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1. All of the lawsuits for retrial of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.
In the lawsuit filed by the Plaintiff against the Defendants on May 28, 2009, the court rendered a judgment that partly accepted the Plaintiff’s claim on February 16, 201 and that “the Defendants jointly and severally pay to the Plaintiff KRW 534,730,558 and delay damages therefor.”
(J) Jinwon District Court Branch 2009Gau1521). (b)
The Defendants filed an appeal against the judgment of the court of first instance. On August 29, 2013, the court rendered a judgment to the effect that “Defendant C, D, E, F, and G Co., Ltd. jointly and severally pay to the Plaintiff KRW 477,100 and delay damages therefrom. The Plaintiff’s rehabilitation claim against the Defendant B Co., Ltd. is KRW 477,100 and the damages for delay are confirmed” (hereinafter “instant judgment subject to review”).
[Supplementary High Court (original High Court) 201Na1289]
On September 5, 2013, the Plaintiff appealed to the instant judgment subject to a retrial, which was served on September 5, 2013, and appealed on September 16, 2013, but was dismissed due to a trial failure on December 26, 2013, and the instant judgment subject to a retrial became final and conclusive on the same day as the said judgment became effective after being served on the Plaintiff’s legal representative on December 30, 2013.
(Supreme Court Decision 2013Da74851). D.
Defendant B, on April 22, 2011, was decided to commence rehabilitation proceedings by Changwon District Court 2011 Gohap13, and the O appointed by the court as the administrator of the above Defendant took over the instant lawsuit at the appellate court. On September 23, 2013, the above Defendant again taken over the instant lawsuit.
E. On September 5, 2013, Defendant C received a decision to commence rehabilitation procedures as the Changwon District Court 2013dan23, and C, appointed as the custodian of the above Defendant, took over the instant lawsuit at the final appeal court, but again taken over the instant lawsuit on December 9, 2014.
(f).