1. Revocation of a judgment of the first instance;

2. Of the lawsuits for review of this case, Article 451(1)6 and 7 of the Civil Procedure Act is applicable.

1. On June 28, 2012, the Plaintiff filed a lawsuit against the Defendant for the payment of goods as Seoul Southern District Court 2012Gaso80598, and the court of the first instance rendered a judgment accepting all the Plaintiff’s claims on January 16, 2013. Although the Defendant filed an appeal with Seoul Southern District Court 2013Na50270, the said court dismissed the Defendant’s appeal on November 14, 2013 (hereinafter referred to as “the final judgment for retrial”) (hereinafter referred to as “the final judgment for retrial”). While the Defendant entered in the final appeal as the final judgment for retrial the Seoul Southern District Court 2012Gaso80598 as the judgment for retrial, it is obvious that the first instance court cannot file a lawsuit for retrial with the Defendant on March 30, 2014). The Supreme Court en banc Decision 2013Da281381, supra, decided that the Defendant’s final judgment was final and conclusive.

2. Violation of jurisdiction over a judgment of the court of first instance shall be subject to the exclusive jurisdiction of the court which rendered a judgment that made a retrial (Article 453(1) of the Civil Procedure Act); when an appellate court rendered a judgment on the merits of a case, it shall not institute a lawsuit on the judgment of the court of first instance (Article 451(3) of the Civil Procedure Act); where a lawsuit for retrial was instituted in a court of first instance, other than the appellate court which is the competent

In addition, the court of first instance shall not transfer the merits to the appellate court, which is the competent court for retrial, but the court of first instance shall dismiss the suit for retrial after hearing the merits without transferring them to the appellate court.