1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

The following facts of the judgment subject to a retrial are significant in this court:

In a lawsuit claiming return of unjust enrichment against the Plaintiff, Seoul Central District Court Decision 2012Gada1089509, which filed against the Defendant, sentenced on June 14, 2013, to the effect that “the Defendant shall pay to the Plaintiff the amount of KRW 20 million and the amount calculated at the rate of KRW 5% per annum from December 14, 2012 to June 14, 2013, and 20% per annum from the next day to the date of complete payment.” The Plaintiff’s primary claim and the remainder of the conjunctive claim are dismissed.”

Accordingly, on April 30, 2014, the Seoul Central District Court rendered an appeal against the Defendant and rendered a judgment subject to a retrial to the effect that “the Defendant’s appeal is dismissed” was dismissed.

On May 9, 2014, the Defendant served an original copy of the judgment subject to a retrial on May 22, 2015, and appealed on May 22, 2015, but the final appeal was dismissed on October 27, 2014.

However, in a case subject to review, the Defendant asserts that: (a) the money deposited by the Plaintiff to the Defendant is part of the investment deposit rather than the Defendant’s loan to the Defendant; and (b) the subject to receipt of the said money was not the Defendant, but the Defendant asserted that it was F, the judgment was omitted; and (c) the Plaintiff omitted the judgment on the evidence of the document written by the Plaintiff to the effect that it was part of the investment contract amount, which was written “5 million won” (20 million won and 20 million won below) and thus, there was a ground for retrial that constitutes “when the judgment was omitted on the important matters that could affect the judgment” under Article 451(1)9 of the Civil Procedure

In light of the proviso of Article 451(1) of the Civil Procedure Act, a retrial suit cannot be filed against the judgment of the court of final appeal which became final and conclusive on the ground of appeal for which the judgment of the court of final appeal was alleged in the grounds of appeal, and if the judgment of the court below was omitted, the original judgment can be served with the original judgment and the reasons for the judgment can be read, and