The costs of appeal are assessed against the defendant (defendant).

1. As to the ground of appeal No. 1, the lower court rejected the Defendant (the Defendant; hereinafter “Defendant”)’s assertion that the instant lawsuit for reexamination was unlawful on the ground that the period of release under Article 456(1) of the Civil Procedure Act was complied with, on the grounds stated in its reasoning, deeming that the instant lawsuit for reexamination complies with the period of release under Article 456(1).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the period of filing

2. As to the grounds of appeal Nos. 2 through 7

A. Article 451(1) of the Civil Procedure Act provides that a lawsuit for retrial may be instituted against “a final and conclusive judgment”. Thus, since a final and conclusive judgment in a lawsuit for retrial constitutes “a final and conclusive judgment” as referred to in the above provision, a lawsuit for retrial on a final and conclusive judgment may be instituted against a final and conclusive judgment if there is any ground for retrial as stipulated in

On the other hand, Article 454(1) of the Civil Procedure Act provides that "any pleading and trial on the merits shall be conducted within the scope of the grounds for the request for retrial," and Article 459(1) of the Civil Procedure Act provides that "any hearing and trial on the merits shall be conducted within the scope of the grounds for the request for retrial" shall be conducted first of all, regardless of whether a lawsuit for retrial is legitimate and whether there is a grounds for retrial," and that a trial on the merits shall be conducted in a lawsuit for retrial on a final judgment on a new judgment, recognizing that there are grounds for retrial