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The action for retrial shall be dismissed.
The costs of retrial shall be borne by the plaintiff (Plaintiffs for retrial).
Reasons
The Plaintiff (hereinafter “Plaintiff”) asserts that there exist grounds for retrial under Article 451(1)6, 9, and 10 of the Civil Procedure Act in the instant judgment subject to a retrial.
In light of the records, the plaintiffs filed a request for retrial on the grounds the same as or similar to the lawsuit of this case, and received a dismissal judgment and dismissal judgment. The lawsuit of this case is deemed to have been repeatedly filed on the grounds the same as or similar to the previous request for retrial, and thus, it is inappropriate to permit it as it constitutes abuse of the right of lawsuit
Therefore, the suit of this case shall be dismissed and the costs of the retrial shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.