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The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for request for retrial shall be examined.
A lawsuit for a retrial on a civil judgment may be brought only when any of the grounds prescribed in the subparagraphs of Article 451(1) of the Civil Procedure Act exists.
The grounds alleged by the Plaintiff (Plaintiff) as the grounds for retrial are merely that the Supreme Court Decision 2013Da50916 Decided September 27, 2013 or that the lower court’s lower judgment was erroneous, and the Supreme Court Decision 2014Da1117 Decided November 27, 2014, which decided as the grounds for retrial in the instant case, did not assert any grounds for retrial. Accordingly, the instant lawsuit for retrial is unlawful.
Therefore, the litigation for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.