A. On August 10, 2004, the Plaintiff filed a principal suit against the Defendant, and received the judgment of the first instance court on February 17, 2005, which sentenced the dismissal of the complaint.

B. The Plaintiff appealed against the above judgment, and the Defendant also filed a counterclaim at the appellate court. On December 14, 2005, the judgment of the first instance was revoked, the Plaintiff’s claim was accepted, and the judgment subject to a retrial was pronounced to dismiss the Defendant’s claim for counterclaim.

C. Although the defendant appealed against the above judgment, the Supreme Court dismissed the defendant's appeal on April 14, 2006 by a judgment of non-exclusive trial on April 19, 2006, which became final and conclusive on April 19, 2006.

2. The parties' assertion and judgment

A. The Defendant’s argument that an original judgment subject to a retrial was based on evidence of a witness G, H and D’s false statement, omitted a judgment on an important matter that may affect the judgment, and is contrary to the contents of a summary order previously rendered, and thus, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act (when the false statement by a witness and an interpreter, or the false statement by a party or legal representative based on the party’s examination, becomes evidence of the judgment), 9 (when the judgment was omitted on an important matter that may affect the judgment), and 10 (when the judgment was inconsistent with a final judgment rendered prior to the filing

B. Article 456(3) and (4) of the Civil Procedure Act provides that the grounds for retrial under Article 451(1)7 of the Civil Procedure Act regarding the legitimacy of a suit for retrial under Article 451(1)7 of the said Act shall not be brought in a suit for retrial when five years have elapsed since the date when the grounds for retrial arose after the final decision for retrial became final and conclusive, and that the above period shall be set aside at any time on the basis of the objective facts of the final decision for retrial, and that the possibility of filing a petition for retrial remains until the time.