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

Article 451(2) of the Civil Procedure Act provides that “A lawsuit for retrial may be brought only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive on an act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or when a final and conclusive judgment of conviction or a judgment of a fine for negligence cannot be made for

Therefore, in order to claim the grounds for a retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the grounds for a retrial should be asserted and proved together with the fact that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied,

A lawsuit seeking a ground for retrial under Article 451(1)4 through 7 of the Civil Procedure Act without satisfying the requirements is unlawful.

(See Supreme Court Decision 2006Da14462, Sept. 14, 2006). Defendant (Plaintiffs) asserts to the effect that there exist grounds for retrial under Article 451(1)5 through 7 of the Civil Procedure Act by forging or altering a contract, receipt, etc., which forms the basis for determining a case subject to review, was forged or altered.

However, there was a final and conclusive judgment of conviction against the Defendant (Plaintiff for Retrial) as to the above assertion.

There is no proof as to the fact that a final judgment of conviction could not be rendered for reasons other than lack of evidence, and the lawsuit of retrial in this case is unlawful.

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