1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

On March 23, 2012, the Plaintiff filed a lawsuit against the Defendant for damages with Seoul Southern District Court 2012Da37716, and on September 25, 2012, the Plaintiff was sentenced to the judgment of the first instance that “the Defendant would pay the Plaintiff the amount calculated at the rate of 20% per annum from August 1, 2012 to the date of full payment.”

B. On November 21, 2012, the Defendant appealed by Seoul Southern District Court 20125Na13380, and on June 20, 2013, the Defendant was sentenced to the judgment of the court of first instance that “the first instance is revoked, and the Plaintiff’s claim is dismissed.”

(hereinafter referred to as the "case subject to review") c.

On July 4, 2013, the Plaintiff appealed to the original judgment and appealed by Supreme Court Decision 2013Da50237 Decided July 4, 2013, but was sentenced to a judgment dismissing the final appeal on September 26, 2013, and on the same day, the original judgment became final and conclusive.

2. Whether the litigation for retrial of this case is legitimate

A. The judgment subject to a retrial by the Plaintiff’s assertion that “The grounds for retrial did not perform the duty of cooperation, such as failing to pay fees, which are the duty of prior performance, and failing to provide Leturn Lbel and the return certification number necessary for the delivery of goods,” and thus, the judgment did not constitute a cause attributable to the Defendant for failure to return goods.”

However, there is a difference between the return number and the Notonable number for each seller and the method thereof, and there was no obligation for the plaintiff to receive it from the seller and deliver it to the defendant, and the defendant intentionally refused to pay the fees.

Therefore, there are grounds for retrial in the judgment subject to a retrial that omitted a judgment on important matters that may affect a judgment” under Article 451(1)9 of the Civil Procedure Act.

B. (1) Determination is a ground for retrial under Article 451(1)9 of the Civil Procedure Act.