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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).
Reasons
1. Basic facts
A. The Plaintiff brought a lawsuit claiming consolation money on the ground that the Defendant posted a letter that defames the Plaintiff’s reputation as shown in the attached Form. The Defendant brought a lawsuit claiming consolation money on the ground that the Plaintiff posted a letter that defames the Defendant’s reputation on the Internet website as a counterclaim (U.S. District Court Decision 2014Gau246854, 2014Gau12515 (Counterclaim)). The said court rendered a judgment dismissing both the principal lawsuit and the counterclaim on July 15, 2015, and both the Plaintiff and the Defendant appealed.
B. On January 21, 2016, the appellate court (the District Court 2015Na28309 (the main lawsuit), and 2015Na28316 (Counterclaim)) rendered a ruling dismissing both the appeal of the Plaintiff and the Defendant and the counterclaim extended by the Defendant (hereinafter “the first retrial judgment”). The first retrial judgment became final and conclusive on February 13, 2016 due to the lack of the Plaintiff and the Defendant’s appeal.
C. On May 12, 2016, the Defendant was convicted of the facts constituting an offense, etc. that insulting the Plaintiff by posting the same writing as attached Table 1 in Seoul Western District Court Decision 2015Da1651, which became final and conclusive by the Supreme Court’s dismissal ruling on January 20, 2017 (2016Do19722).
On the other hand, on February 16, 2016, the Plaintiff filed a lawsuit for retrial under this Court 2016 Na30 (principal suit) and 2016 Na47 (Counterclaim) against the Defendant.
The plaintiff's decision without making a decision on the plaintiff's request for explanation and verification on August 30, 2015 constitutes an unlawful or incomplete hearing, and Article 451 (1) 9 of the Civil Procedure Act of the Republic of Korea constitutes "when the decision was omitted on important matters affecting the judgment" and the defendant damaged the plaintiff's reputation on May 12, 2016 by Seoul Western District Court Decision 2015Da1651, May 12, 2016.