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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for retrial shall be examined.
1. The Plaintiff (hereinafter “Plaintiff”) asserts that there are grounds for retrial under Article 451(1)1, 7, 9, and 10 of the Civil Procedure Act in the judgment subject to a retrial.
2. The judgment subject to a retrial is deemed to constitute a ground for a retrial under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. In so doing, it is evident that the judgment of the court below does not constitute a ground for a retrial under Article 451 (1) 1 of the Civil Procedure Act, since it does not constitute a change in the previous opinion of the Supreme Court, since it is evident that the judgment of the court below does not constitute a case where the opinion of the Supreme Court is changed.
In order to file a lawsuit for a retrial against the judgment of the court of final appeal on November 16, 2007 (see, e.g., Supreme Court Decisions 2007Da192, Nov. 16, 2007; 97DaDa94, Jun. 13, 1997). 3. In order to file a lawsuit for a retrial, the court of final appeal is limited to the cases where there are reasons under each subparagraph of Article 451(1) of the Civil Procedure Act, and the court of final appeal does not have the position of fact-finding unless the matters to be examined ex officio. However, the court of final appeal is only to determine the legitimacy of the judgment of evidence and fact-finding conducted by the second court which is the fact-finding, and the facts duly confirmed by the fact-finding court are bound by the court of final appeal
(4) As long as an argument on the grounds of appeal by an original judgment falls under a ground for rejection of a trial as provided by the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court, the original judgment omitted the determination on the grounds of appeal by the original judgment, as long as the grounds of appeal by an original judgment constituted a ground for rejection of a trial under the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court
There is no room for violation of the previous judgment of this court.