1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent or apparent to this court.

On April 29, 2014, the Plaintiff filed a lawsuit against the Defendant seeking damages by Seoul Western District Court 2014Kadan19007, and the Defendant filed a counterclaim against the Plaintiff as Seoul Western District Court 2014Kadan34747.

B. On November 12, 2015, the first instance court rendered a judgment citing part of the Plaintiff’s main claim and citing part of the Defendant’s counterclaim, and both the Plaintiff and the Defendant appealed.

[Seoul Western District Court 2015Na38389 (Main Office), 2015Na38396 (Counterclaim)].

On June 30, 2016, the appellate court rendered a judgment dismissing all the counterclaims claims of the plaintiff and the defendant expanded in each appeal and appellate court (the judgment of review). D.

Accordingly, the Plaintiff appealed by Supreme Court Decision 2016Da240161, 2016Da240178 (Counterclaim), but the final appeal was dismissed on September 30, 2016, and the judgment was served on the Plaintiff on October 5, 2016.

Accordingly, the judgment subject to a retrial was finally affirmed.

2. Whether a lawsuit for retrial is lawful;

A. A suit for retrial cannot be instituted solely on the ground that a final judgment becomes final and conclusive cannot be instituted, and only can it be instituted if there are grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

In addition, even if there are grounds for a retrial, if a party has received a decision of the appellate court on the grounds of appeal by asserting the grounds for appeal, it is not possible to institute a suit

Even after the judgment becomes final and conclusive, if the judgment allows an objection to the judgment solely on the ground that the judgment is inconsistent with the substantive relations or that the conclusion is unreasonable, the nature of the judicial action, such as the one-time resolution of the dispute and the guarantee of legal stability, may be harmed, and the lawsuit for retrial, shall be limited to the case where there is no opportunity to correct the error of the judgment