2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

A. On April 21, 2010, the Defendant, who declared incompetency against the Defendant, was declared incompetent by this court, and the adjudication of incompetency became final and conclusive on May 11, 2010, and I, who is the Defendant’s spouse, was appointed as the Defendant’s guardian on May 11, 2010.

(A) Evidence No. 4.2

On April 22, 2013, the Plaintiff filed a lawsuit against the Defendant to confirm the existence of an obligation with this court. On June 27, 2013, the Defendant appointed an attorney J as the Defendant’s legal representative, and the attorney J conducted the lawsuit as the Defendant’s legal representative.

On October 30, 2013, the Plaintiff amended the purport of the claim as stated in the instant claim, and this Court rendered a ruling of dismissal of claim on May 22, 2014 (No. 2013 Gohap10284), and the said ruling became final and conclusive on June 14, 2014, on the ground that the Plaintiff did not appeal.

(A) Evidence Nos. 5 and records, or obvious facts to this Court). / [Grounds for recognition] Each entry of Evidence Nos. 4 and 5, and the purport of the whole pleadings.

2. Grounds for retrial and determination

A. The Plaintiff’s assertion was an incompetent, and thus, the Defendant did not have the ability to appoint an attorney prior to the retrial.

A judgment subject to a retrial shall be revoked by Article 451(1)3 of the Civil Procedure Act because it constitutes a judgment defective in granting the power of attorney.

B. (1) The Defendant asserts that the instant lawsuit for retrial is unlawful, since the Plaintiff did not know of the grounds for retrial in the lawsuit prior to the retrial and did not meet the supplementary requirements for retrial under the proviso of Article 451(1) of the Civil Procedure Act.

According to the statements in Eul evidence Nos. 9 and 13, the defendant submitted a medical certificate stating that "the defendant is unable to communicate with plants as of December 23, 2013 and is unable to maintain life without any other person's aid" in the lawsuit before the retrial on April 24, 2014 (Evidence No. 9) and the fact that the plaintiff is an attorney-at-law (Evidence No. 13).