The litigation costs for retrial shall be borne by the plaintiff.

In order to file a lawsuit for a retrial against a judgment of the court of final appeal, there should be grounds for retrial under Article 451 of the Civil Procedure Act.

The court of final appeal does not have a position of fact-finding unless it is a matter of ex officio investigation, but it is merely a determination of the evidence and the legitimacy of fact-finding conducted by the second instance court which is a fact-finding court, and the facts duly established by the fact-finding court are bound by the court of final appeal. As such, it is related to the fact-finding itself among the grounds for final appeal, for instance, as to the forgery and alteration of documentary evidence under Article 451 (1) 6 of the Civil Procedure Act, or as to the false statement under subparagraph 7 of the same paragraph, it is not a ground for final

(See Supreme Court Decisions 99Da746 Decided April 11, 200, 201; 201Da540 Decided August 18, 201, etc.). In light of the foregoing legal doctrine, the argument that there exists a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial, which is a judgment not binding upon the Supreme Court’s deliberation, may not be accepted.

Therefore, the retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.