1. The lawsuit of this case shall be 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, as a counterclaim, filed a claim for damages on the ground of insult against the Plaintiff. On February 3, 2015, the first instance court dismissed both the Plaintiff’s claim on the principal lawsuit and the Defendant’s counterclaim.

[Judgment of the Supreme Court 2014Gaso49579 (principal lawsuit) and 2014Gaso52568 (Counterclaim)] The Plaintiff filed an appeal against this judgment. However, the appellate court rendered a judgment dismissing all the Plaintiff’s appeal on September 10, 2015 (the main lawsuit), and the appellate court rendered a judgment dismissing all of the Plaintiff’s appeal (the judgment of the appellate court 2015Na784 (principal lawsuit), 2015Na791 (Counterclaim), hereinafter “Re-deliberation judgment”); and the above judgment became final and conclusive around that time by the Plaintiff’s failure to file an appeal.

2. Inasmuch as a judgment subject to retrial became final and conclusive after the Plaintiff’s summary of the grounds for the request for retrial became final and conclusive, it constitutes “when a civil or criminal judgment, which forms the basis of a judgment, was changed by another judgment” as prescribed in Article 451(1)8 of the Civil Procedure Act.

Therefore, the judgment subject to review should be revoked.

3. The action for review shall be permitted only where there are grounds for review listed in Article 451 of the Civil Procedure Act.

Article 451(1)8 of the Civil Procedure Act provides that “when a civil or criminal judgment or other judgment or administrative disposition which forms the basis of a judgment has been altered by a different judgment or administrative disposition, a lawsuit for retrial may be instituted.”

Here, “a judgment becomes the basis of a judgment” means a case in which a judgment legally binding on the judgment subject to a judgment, or where a judgment becomes a material for fact-finding in the judgment subject to a judgment, and its change may affect the fact-finding of the judgment subject to a judgment.

For example, the judgment of the court of first instance is a judgment.