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The action for retrial shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
A lawsuit for a retrial against a civil judgment may be brought only when there exist grounds stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. The grounds asserted by the plaintiff (the plaintiff) as the grounds for a retrial are merely that the Supreme Court Decision 2013Da50916 Decided September 27, 2013 or the lower court’s lower judgment was erroneous, and the Supreme Court Decision 2014Da220 Decided August 28, 2014, which was decided as the judgment subject to a retrial, did not assert any grounds for retrial as to the Supreme Court Decision 2014Da220 Decided August 28, 2014
Therefore, a retrial suit is dismissed, and the costs of the retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.