1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed a lawsuit against the Defendant, C, and D as Seoul Southern District Court 2017Gaso28243, and the said court rendered a judgment that accepted the Plaintiff’s claim against the Defendant on May 1, 2018 (hereinafter “the first judgment”).

B. Accordingly, the Defendant appealed against the judgment of the first instance as Seoul Southern District Court No. 2018Na55638, but the said court rendered a judgment dismissing the Defendant’s appeal on October 18, 2018 (hereinafter “the judgment on review”) and the said judgment became final and conclusive on November 10, 2018 without filing an appeal.

C. On September 27, 2019, the Defendant filed a lawsuit seeking a retrial on the instant judgment subject to a retrial.

(1) The Defendant stated the main text of the judgment of the first instance in the item “an indication of the judgment to review” of the Director General, and did not clearly indicate the judgment to be sought for review in the application form for modification of the purport of the request for review. Article 451(3) of the Civil Procedure Act provides that “when the appellate court rendered a judgment on the merits of the case at the appellate court, no lawsuit for review shall be instituted against the judgment of the first instance, which cannot be brought against the judgment of the first instance.” Thus, there is room to deem that the lawsuit for review of this case is unlawful as it is against the judgment of the first instance that cannot be subject to review. However, since the submission of the Director General of the retrial, the Defendant may be deemed to have asserted against the judgment subject to

A. The Defendant’s assertion on the grounds for retrial also becomes a new ground for retrial. In the instant case, the Seoul Central District Court 2018Kadan5139794, supra, sought “business comprehensive business transfer and takeover agreement” submitted by the Defendant E Company, and according to this, the Defendant’s assertion was subsequently presented.