1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. Inasmuch as a lawsuit on a retrial on a final and conclusive judgment that became final and conclusive as to the lawfulness of a lawsuit on retrial of this case is permitted only where there exist grounds stipulated under each subparagraph of Article 451(1) of the Civil Procedure Act, the lawsuit on retrial is unlawful, unless

(see, e.g., Supreme Court Decision 82Da14, Sept. 14, 1982). In addition, “when a judgment is omitted with respect to a material fact that may affect the judgment” under Article 82 subparag. 9 of the same Act refers to cases where a party’s attack and defense was submitted in a lawsuit and the judgment is not clearly indicated in the grounds for the judgment

(1) Article 451(1)9 of the Civil Procedure Act or any other ground for retrial is not applicable to the Plaintiff’s assertion of the Plaintiff (see, e.g., Supreme Court Decision 2007Da69834, Nov. 27, 2008).

2. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.