1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent or apparent in records in the judgment subject to a retrial.

On August 10, 2011, the Plaintiff entered into a service contract on the DNA phone (hereinafter “instant mobile phone”) with the Defendant and used it. The Plaintiff filed a lawsuit against the Defendant seeking confirmation of the absence of charge liability related to the instant mobile phone, and the court of first instance rendered a judgment on December 5, 2013 that “The Plaintiff’s charge liability related to the Plaintiff’s mobile phone No. D does not exceed KRW 1,838,39.”

B. On July 17, 2014, the Defendant appealed to the above judgment of the first instance court as Suwon District Court 2014Na3495, and the said court rendered a judgment subject to a retrial that modified the judgment of the first instance court on the following grounds: “The Plaintiff’s obligation to pay charges related to the mobile phone No. D to the Defendant does not exist in excess of KRW 1,164,143.”

C. Accordingly, the Plaintiff appealed to the judgment subject to a retrial and appealed to the Supreme Court Decision 2014Da61036, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on November 27, 2014.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant did not submit a preparatory document in advance during the trial at the first instance court and the appellate court did not have the opportunity for the plaintiff to make a proper pleading. The plaintiff applied for an order to submit documents, but did not receive the answer from the defendant, and it is erroneous to impose 90,000 won on the plaintiff. The judgment subject to a retrial has grounds for retrial under Article 451 (6), 9, and 10

(1) The plaintiff argues to the effect that there are grounds for retrial on the grounds of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal and Article 424(1)5 and 6 of the Civil Procedure Act.

Judgment

1. Grounds for retrial under Article 451(1)6 and 10 of the Civil Procedure Act are those subject to retrial.