1. The request for retrial of this case is dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

1. According to the final records of the judgment subject to review, the process of the instant lawsuit is as follows.

In the first instance court, the Plaintiff filed a claim for damages against the Defendant on the ground of defamation, and the Defendant filed a claim for damages against the Plaintiff as a counterclaim. The court of first instance dismissed both the Plaintiff’s claim on the principal lawsuit and the Defendant’s counterclaim.

[Judgment on February 3, 2015, 2014, 49579, 2014, 52568 (Counterclaims)] The Plaintiff filed an appeal against this judgment. However, the appellate court rendered a judgment dismissing all of the Plaintiff’s appeal (Supreme Court Decision 2015Na784, 2015Na7791 (Counterclaims), hereinafter “Judgment on Review”) and the said judgment became final and conclusive around that time by the Plaintiff’s failure to file an appeal.

2. The judgment subject to a retrial by the Plaintiff rendered a judgment dismissing the Plaintiff’s appeal on the ground that there is a lack of evidence that the Defendant harmed the Plaintiff’s reputation.

However, after the judgment subject to a retrial was rendered, the Defendant was convicted of a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) (Seoul Central District Court Decision 2016No4533 Decided May 18, 2017), and the above criminal judgment became final and conclusive by dismissal of the Defendant’s appeal.

The Defendant submitted a preparatory document dated January 6, 2015 and a written reply of April 13, 2015, stating false arguments that slandering the Plaintiff in the previous case before re-adjudication. On this, the Plaintiff filed an application for explanation around July 2015, but the Defendant avoided the answer, and the judgment subject to re-adjudication did not state its decision in the reasoning of the judgment.

Since the defendant proves that he was subject to criminal punishment due to defamation against the plaintiff and omitted judgment on the plaintiff's argument, the above judgment shall be revoked.

The plaintiff.