1. Application for quasi-deliberation of the instant case, and the Suwon District Court Decision 2015Na28347 decided April 6, 2016 (main office) among the lawsuits for re-deliberation of the instant case.

1. Determination on an application for quasi-examination

A. The gist of the Plaintiff’s assertion is that, while the lawsuit is pending in Suwon District Court 2015Na28347 (principal lawsuit), 2015Na28354 (Counterclaim), the Plaintiff filed an application for clarification on August 30, 2015, and ② on January 1, 2016, the Plaintiff filed an application for verification procedures, but the said court rendered a decision by dismissing the Plaintiff’s failure to notify each of the above applications and omitting judgment. This constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect the judgment is omitted).

B. Article 461 of the Civil Procedure Act provides, “In the event that a ruling or order against which an immediate appeal may be lodged is final and conclusive and there exist grounds provided for in Article 451(1), a new trial may be instituted in accordance with the provisions of Articles 451 through 460 of the final and conclusive judgment.”

An appeal, which is a method of appeal against a decision and order, requires the law to file an appeal only within the peremptory period, by recognizing the need to solve it promptly, and recognizing the effect of suspending the execution of the judgment of the court below is an immediate appeal. An appeal may be filed exceptionally in the case where the law provides that "it is possible to file an immediate appeal."

However, Article 136 (3) of the Civil Procedure Act provides that "a party may, if necessary, request the presiding judge to provide an explanation to the other party," and Article 138 of the Civil Procedure Act provides that "if the party raises an objection against the order of the presiding judge concerning the direction of pleadings or against the measures taken by the presiding judge or member of the collegiate court pursuant to Articles 136 and 137, the court shall render a decision on the objection by its ruling, and an immediate appeal may be filed against the decision to dismiss the above request for clarification by the party implicitly