1. Among the lawsuits for retrial of this case, the grounds for retrial under Article 451(1)5 and 9 of the Civil Procedure Act shall be dismissed.

2...

1. On June 16, 2011, the Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit seeking compensation for damages (hereinafter “case subject to a retrial”) with the Changwon District Court 201Gahap5356 by asserting that the Plaintiff, upon filing a lawsuit claiming compensation for damages against D, etc., destroyed evidence, refused to appear as a witness and concealed substantial truth. However, on December 22, 201, the Defendant was sentenced to a dismissal judgment (the judgment subject to a retrial) on which the judgment subject to a retrial became final and conclusive on January 26, 2012 due to the Plaintiff’s failure to file an appeal against it, and the fact that the judgment subject to a retrial became final and conclusive on January 26, 2012 is significant in this court.

2. The Plaintiff’s assertion: (a) the Defendant filed a complaint against the Plaintiff without prejudice, thereby obstructing the submission of the Plaintiff’s means of attack and defense by threatening the Plaintiff to withdraw the lawsuit in the case subject to a retrial; (b) the judgment subject to a retrial contains omission of judgment on important matters that may affect the judgment; and (c) the judgment subject to a retrial violates a final judgment rendered before the judgment was rendered, and therefore, the judgment subject to a retrial contains grounds for retrial under Article 451(1)5,

3. The grounds for retrial under Article 451(1)5 and 9 of the Civil Procedure Act are examined ex officio as to whether the grounds for retrial are lawful, the defect of power of attorney, or the grounds for retrial based on the matters stipulated in Article 451(1)10 of the Civil Procedure Act, or the grounds for retrial are not established after the final and conclusive judgment became final and conclusive (Articles 456(3), 456(4), and 457 of the Civil Procedure Act). The judgment subject to retrial became final and conclusive on January 26, 2012, and the Plaintiff’s objection on September 25, 2017, which was five years after the said judgment became final and conclusive.