The litigation of this case shall be dismissed.

The litigation costs for retrial shall be borne by the defendant (Plaintiffs for retrial).

purport, purport, and.

1. The Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendants and B by this Court No. 2010Kadan526, and was sentenced to a judgment accepting both the Plaintiff’s claims on February 16, 2011. Only B filed an appeal against the said judgment, and the said judgment between the Plaintiff and the Defendants (hereinafter “instant judgment subject to a retrial”) became final and conclusive at that time is significant in this court.

2. Judgment on grounds for retrial

A. The Defendants’ assertion B appealed against the judgment No. 2010Kadan526 of this Court, and the appellate court revoked the judgment of the first instance, and was sentenced to the dismissal of the Plaintiff’s claim against B. The Plaintiff appealed against this, but the judgment dismissing the Plaintiff’s appeal was rendered on March 15, 2012. The instant judgment subject to a retrial is against the final and conclusive judgment after the judgment was rendered. This is against the judgment that became final and conclusive. This is against the grounds for a retrial under Article 451(1)10 of the Civil Procedure Act, and there exists grounds for a retrial.

B. “A final judgment previously rendered” under Article 451(1)10 of the Civil Procedure Act refers to the case where a final judgment on the merits that have res judicata effect previously rendered, and its effect affects the parties to the judgment subject to a final judgment. If the judgment subject to a final judgment is contrary to a final and conclusive judgment, it does not constitute a ground for a final and conclusive judgment, and if the parties are different, it does not constitute grounds for a final and conclusive judgment.

Even according to the Defendants’ assertion, the instant judgment subject to a retrial is contrary to a final and conclusive judgment between the Plaintiff and the Defendants after the instant judgment subject to a retrial was rendered and rendered, and thus, it does not constitute grounds for retrial under Article 451(1)10 of the Civil Procedure Act.