The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

1. As to the grounds for retrial under Article 451(1)10 of the Civil Procedure Act, the gist of this part of the grounds for retrial is contrary to the Seoul High Court Decision 2007Na8763 Decided April 4, 2008, which is a final and conclusive judgment, to bring an action for retrial of this case.

"When there is a final judgment contrary to a final judgment rendered before a judgment to institute a retrial," which is a ground for retrial under Article 451(1)10 of the Civil Procedure Act, means where two final judgments of which res judicata conflict with respect to the same case between the same parties.

(See Supreme Court Decision 85Da6 Decided February 11, 1986, and Supreme Court Decision 2013Da1332 Decided April 24, 2014). However, the above final judgment rendered by the Plaintiff cannot be deemed to conflict with the original judgment because it differs between the two parties and the subject matter of the lawsuit. Moreover, given that the final judgment was rendered after the final judgment became final and conclusive, the above final judgment cannot be deemed to be “a final and conclusive judgment previously rendered” as provided in the above provision.

Therefore, the plaintiff's assertion that there are grounds for retrial under Article 451 (1) 10 of the Civil Procedure Act is groundless.

2. The remaining grounds for retrial are examined ex officio as to whether this part of the litigation is legitimate.

According to Article 456(3) of the Civil Procedure Act, a lawsuit for retrial shall not be instituted upon the lapse of five years after a judgment becomes final and conclusive, unless the grounds for retrial prescribed in Article 457

However, according to the records, this part of the lawsuit for retrial is not related to the grounds for retrial stipulated in Article 457, and it is obvious that the lawsuit was filed after five years have already passed since the decision for retrial became final and conclusive.

3. Therefore, the part concerning the grounds for retrial under Article 451 (1) 10 of the Civil Procedure Act among the lawsuits for retrial of this case shall be dismissed, and the remaining part concerning the grounds for retrial shall be dismissed. However, the request for retrial shall be dismissed in the text.