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 in the records of the judgment subject to a retrial:

On August 29, 2013, the plaintiff filed a lawsuit against the defendants against Busan District Court 201Kadan123892, and sentenced the above court to dismiss all of the plaintiff's claims.

B. The Plaintiff appealed against the Defendants as Busan District Court Decision 2013Na15897, but the appellate court rendered a ruling dismissing the Plaintiff’s appeal on January 16, 2015 (hereinafter “the judgment dismissing the Plaintiff’s appeal”), which became final and conclusive as to the Defendant A among the judgment in the appellate court around that time.

C. The Plaintiff appealed against Defendant B by Supreme Court Decision 2015Da10240, but the Supreme Court dismissed the Plaintiff’s final appeal on May 28, 2015, and the part concerning Defendant B among the judgment subject to a retrial became final and conclusive as it is.

2. Summary of the plaintiff's assertion

A. The Plaintiff filed a claim for the calculation of unjust enrichment on the basis of the sales price of the vinyl, which became final and conclusive in a civil judgment (Seoul District Court Decision 2008Da4394, Sept. 11, 2009; 2008Gahap12142 (Counterclaim); Busan District Court Decision 2009Gahap15094, May 18, 201; and Busan High Court Decision 201Na4223, Oct. 23, 2012; hereinafter referred to as “instant related judgment”); however, there were grounds for retrial under Article 451(1)8 of the Civil Procedure Act regarding the dismissal of the Plaintiff’s appeal without settling the same.

B. The Plaintiff dismissed the Plaintiff’s claim on the basis of receiving money from the Defendants when settling accounts based on the purchase price of plastic houses established in the above-related judgment. Since the judgment was not omitted and settled on important matters affecting the judgment, there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

C. The judgment subject to review is contrary to the above-related judgment.