1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The plaintiff's assertion that although the defendant is obligated to pay the plaintiff the unclaimed amount of KRW 414,00,000, legal expenses of KRW 800,000, KRW 60,000, KRW 100,000, KRW 100,000, the plaintiff asserts that the original judgment was erroneous without examining the transaction specifications, etc.

2. Determination on the legitimacy of the litigation for retrial of this case

A. Inasmuch as a retrial may be instituted against a final judgment that has become final and conclusive, a lawsuit for retrial against a final and conclusive judgment is unlawful, and even if a judgment becomes final and conclusive while a lawsuit filed prior to the final and conclusive judgment is not dismissed due to its illegality, a lawsuit for retrial is not deemed legitimate

(see, e.g., Supreme Court Decision 2016Da35123, Dec. 27, 2016). B.

Article 455 of the Civil Procedure Act provides that “The provisions concerning the litigation procedures in each instance shall apply mutatis mutandis to the retrial proceedings.” Article 219 of the Civil Procedure Act provides that “In cases where an incidental suit cannot correct the defect, the lawsuit may be dismissed by judgment without holding any pleadings.”

C. On May 7, 2020, the judgment subject to a retrial was rendered on May 7, 2020, and the original copy of the judgment was served on the Plaintiff on May 11, 2020, and the fact that the Plaintiff filed a lawsuit for retrial on May 19, 2020, which was before the judgment subject to a retrial became final and conclusive, is apparent in the record.

According to the above legal principles and facts of recognition, the plaintiff filed a lawsuit for retrial of this case before the judgment subject to retrial becomes final and conclusive, and thus, the lawsuit for retrial of this case is unlawful and cannot be corrected. Thus, the lawsuit is dismissed as per Disposition without holding any pleadings.

3. The lawsuit of this case is dismissed as it is unlawful.