1. Of the lawsuits filed by the Defendant (Plaintiffs for Retrial) for retrial:

A. Grounds for retrial under Article 451(1)9 of the Civil Procedure Act are based on the grounds for retrial.

1. The following facts are clearly recorded in the judgment subject to a retrial:

On February 15, 2012, the Plaintiff filed a lawsuit against the Defendants at the court of first instance seeking a loan of KRW 30,000,000 and damages for delay, and the said court rendered a judgment citing all the Plaintiff’s claims on January 25, 2013.

(Judgment of the court of first instance).

The Defendants appealed against the judgment of the first instance court. On December 6, 2013, the appellate court rendered a judgment dismissing all appeals by the Defendants (Re-deliberation Decision). The Defendants appealed against this judgment, but the appellate court rendered a judgment dismissing all appeals by the Defendants on May 16, 2014.

2. Determination on the lawfulness of the litigation for retrial of this case

A. The summary of the Defendants’ assertion subject to review is: (1) there are grounds for retrial falling under Article 451(1)9 of the Civil Procedure Act by omitting judgment on the existence of the original documentary evidence that is important to affect the judgment; and (2) there are grounds for retrial falling under Article 451(1)10 of the Civil Procedure Act, as it conflicts with the res judicata of the conciliation protocol established in the preceding lawsuit between the Plaintiff

B. Article 451(1)9 of the Civil Procedure Act provides that the grounds for a retrial under Article 451(1)9 of the same Act shall be “when a judgment on important matters affecting the judgment is omitted,” but the proviso of the same Article provides that “However, this shall not apply where the parties have asserted the grounds by an appeal, or do not know that they have known of the grounds.” Thus, the judgment of the court of final appeal cannot bring a lawsuit for retrial against the judgment of the court of final appeal that became final and conclusive on the ground of the ground of appeal, as alleged in the ground of appeal. In addition, even if the judgment of the court below was omitted, since the original copy of the judgment was served, and it can be known if the reasons for the judgment were read. Thus