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.

The Plaintiff filed a lawsuit seeking damages against the Defendant, stating that “The Defendant installed a scenic signboard in front of the Seogu-gu building in which the Plaintiff’s office is located and obstructed the business, and assaulted and threatened the Plaintiff accordingly, the Defendant is liable for compensating for the Plaintiff’s damages therefrom, and the amount of damages is equivalent to the Defendant’s operating profit.” The first instance court dismissed the Plaintiff’s claim.

(Supplementary Branch of Daegu District Court Decision 2015Kadan9190 decided October 7, 2015). (B)

As to this, the Plaintiff appealed, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal (Seoul District Court Decision 2015Na16642 Decided April 21, 2016), and the period for filing an appeal was limited, and the above judgment became final and conclusive on May 11, 2016.

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

A. The Plaintiff’s argument is related to the Defendant’s rape committed against the Plaintiff, and the case of rape (Tgu District Prosecutors’ Office No. 27069, 2016) was sent to the Prosecutor’s Office as a prosecution opinion, and thus constitutes grounds for retrial.

B. Determination 1) The grounds for retrial listed in Article 451(1)1 through 11 of the Civil Procedure Act are limited. If the grounds for retrial are asserted in a lawsuit for retrial that does not constitute legitimate grounds for retrial, the lawsuit for retrial is unlawful and thus dismissed (see, e.g., Supreme Court Decision 96Da31307, Oct. 25, 1996). However, the grounds asserted by the Plaintiff are apparent that the grounds for retrial do not constitute any grounds for retrial stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act.

3. If so, the plaintiff's lawsuit of retrial of this case is unlawful and thus, it is so decided as per Disposition.