1. The defendant's petition for retrial is dismissed;

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

1. Following the conclusion of the judgment subject to a retrial is either a dispute between the parties or a record.

On March 6, 2015, the Plaintiff rendered a favorable judgment in favor of the Plaintiff stating that “The Defendants jointly and severally pay to the Plaintiff KRW 100,000,000 and an amount at the rate of 30% per annum from August 23, 2011 to the date of complete payment,” which is subject to review filed by the Plaintiff against the Defendant, Co-Defendant B and C, Co-Defendant B, Ltd.

B. Accordingly, the Defendant appealed by Busan District Court No. 2015Na53379, but the appellate court rendered a judgment dismissing the appeal on August 13, 2015, and the judgment subject to a retrial became final and conclusive around that time.

2. Grounds for retrial and determination

A. Although the defendant's assertion that the defendant had commenced rehabilitation procedures in the process of a trial subject to reexamination, the judgment subject to reexamination was conducted with excessive restriction. There are grounds for retrial under Article 451 (1) 3 of the Civil Procedure Act in the judgment subject to reexamination.

B. (i) Article 59(1) of the Debtor Rehabilitation and Bankruptcy Act provides that “when a decision to commence a rehabilitation procedure is rendered, the proceedings relating to the debtor’s property shall be interrupted.”

Therefore, if the court rendered a judgment by proceeding proceedings without knowing the decision of commencing rehabilitation proceedings against either party during the proceeding, if the court did not know of the decision of commencing rehabilitation proceedings and rendered a judgment by proceeding proceedings, the judgment is erroneous in the same manner as the court held that the administrator, who is to take over the proceedings, is unable to perform legal proceedings due to the decision of commencing rehabilitation proceedings by either party, was tried and sentenced to a trial under the condition that the proceedings cannot

(see, e.g., Supreme Court Decision 2012Du11546, Sept. 27, 2012). Meanwhile, the right of legal representation and right of attorney, which are grounds for retrial under Article 451(1)3 of the Civil Procedure Act, are granted.