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

2. This.

Plaintiff

The summary of the grounds for retrial was defective in the attorney's powers of the defendant, and the judgment on important matters was omitted.

Therefore, there are grounds for retrial under Article 451(1)3 and 9 of the Civil Procedure Act in the judgment subject to a retrial.

Judgment

A. As to the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act, if the parties have asserted the grounds for a retrial by an appeal, or did not know it, a lawsuit for retrial cannot be instituted.

(See the proviso of Article 451(1) of the Civil Procedure Act. Therefore, a new suit cannot be filed against the judgment of the court of final appeal, which became final and conclusive on the grounds of appeal.

In addition, if the judgment of the court below omitted determination, barring any other special circumstance, it shall be deemed that the original of the judgment was omitted when the original of the judgment was served, and thus, it was not asserted as the ground of appeal.

Even if the omission of judgment is known, it is not possible to file a lawsuit for retrial on the ground of such failure.

Ultimately, barring any other special circumstances, omission of judgment by the court of final appeal may not constitute a legitimate ground for retrial, regardless of whether a omission in judgment was alleged as the ground for final appeal in the final appeal.

(See Supreme Court Decision 2006Da4205 Decided June 29, 2007, etc.). This provision applies to cases where an appeal against a judgment subject to a retrial was dismissed by a trial under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court.

(See Supreme Court Decision 2014Da50944 Decided November 13, 2014, etc.). In relation to the instant case, the Plaintiff appealed by Supreme Court Decision 2018Da228684 regarding the judgment subject to a retrial, but the fact that the appeal was dismissed by a judgment of non-exclusive trial on June 28, 2018 is apparent in the record.

Therefore, the defendant brought a lawsuit for retrial on the grounds of a cause for retrial under Article 451 (1) 9 of the Civil Procedure Act, namely, omission of judgment.