1. The plaintiff's petition for retrial is dismissed.

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

1. On June 24, 2016, the Plaintiff filed a lawsuit against the Defendant in Daegu District Court Decision 2016Da114894, a damages claiming the Defendant for the payment of KRW 50 million and damages incurred thereby, and the said court rendered a judgment dismissing the Plaintiff’s claim on March 15, 2017. The Plaintiff appealed against the judgment of the first instance, and the appellate court, which was the appellate court, rendered a judgment dismissing the Plaintiff’s appeal on August 23, 2017 (hereinafter referred to as “the judgment dismissing the Plaintiff’s appeal”), and the fact that the judgment subject to a retrial became final and conclusive as it became final and conclusive due to the Plaintiff’s failure to file a final appeal within the period of final appeal.

2. A summary of the Plaintiff’s assertion on grounds for retrial: (a) there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to retrial; and (b) the Daegu District Court Decision 2014Da46225 and the Daegu District Court Decision 2015Na307287, the appellate court of the above judgment, determined that the seizure of enforcement officers belonging to the Defendant was null and void. Since the judgment subject to retrial is contrary to each of the above decisions previously rendered, there exists a ground for retrial under Article 451(

3. In determining whether a cause for a retrial exists, first of all, there is no evidence to support the existence or absence of a cause for a retrial under Article 451(1)9 of the Civil Procedure Act, and the evidence presented by the Plaintiff alone cannot be deemed as constituting “when the judgment was omitted on important matters affecting the judgment” in the judgment subject to retrial, and there is no other evidence to support this. Therefore,

Next, with respect to the existence of a cause for a retrial under Article 451(1)10 of the Civil Procedure Act, the term “a final and conclusive judgment previously rendered” under Article 451(1)10 of the Civil Procedure Act refers to cases where the final and conclusive judgment affects the parties to the judgment subject to a retrial (see Supreme Court Decision 97Da3283, Mar. 24, 1998). The Daegu District Court 2014Kadan46225, as asserted by the Plaintiff.