1. All of the appeals filed by the Plaintiff (Plaintiff) are dismissed.

2. The costs of the retrial are assessed against the plaintiff.

1. Although the Plaintiff filed a lawsuit against the Defendant seeking the payment of money as stated in the purport of the claim, the judgment dismissing the Plaintiff’s claim was rendered on February 10, 2015 and became final and conclusive around that time.

(B) The Plaintiff filed a new trial against the Defendant seeking the revocation of the original judgment and the payment of the money stated in the purport of the claim, but the judgment was rendered on July 3, 2015 (the first instance judgment). Although the Plaintiff appealed against the Defendant, the Plaintiff was sentenced to dismissal of the Plaintiff’s appeal on October 28, 2015, and the said judgment became final and conclusive on November 19, 2015.

(Judgment of review) 【Ground for recognition】 substantial fact in the court

2. Since D, in the litigation procedure of the Plaintiff’s assertion, represented by the Defendant in the judgment subject to a retrial, there are grounds for retrial under Article 451(1)3 of the Civil Procedure Act in the judgment subject to a retrial, and the judgment subject to a retrial omitted the judgment on the Plaintiff’s assertion as to the defect in D’s power of attorney who represented the Defendant in the litigation procedure of the original judgment. As such, the judgment subject to a retrial has grounds for retrial under Article

3. Determination as to the existence of a ground for retrial

A. There is no evidence to acknowledge that D acted on behalf of the defendant without the power of attorney in the litigation procedures for a retrial subject to a retrial under Article 451(1)3 of the Civil Procedure Act, and rather, it is apparent in the record that the defendant performed a lawsuit directly without the power of attorney. Thus, the plaintiff's above assertion is without merit.

B. The judgment subject to a retrial under Article 451(1)9 of the Civil Procedure Act does not have any evidence to acknowledge that there was omission of judgment on the Plaintiff’s assertion of defects in D’s powers of attorney who represented the Defendant’s procedural acts in the original judgment proceeding, and rather, the judgment subject to a retrial is D in the record of the Plaintiff’s assertion