대여금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
1. The Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant seeking reimbursement of KRW 20,000,000 and damages for delay for loans extended to the Defendant as the principal branch court of Chuncheon District Court Decision 2012Da5363. On November 8, 2013, the said court rendered the judgment of the first instance in this case ordering the Defendant to pay KRW 10,00,000 and damages for delay therefor, and both the original and the Defendant filed an appeal as the District Court 2013Na6524 against the above judgment, and the said court rendered a judgment dismissing all the appeals of the Plaintiff and the Defendant on August 14, 2014 (hereinafter referred to as “the judgment subject to a retrial”), but the said court only appealed against the said judgment subject to a retrial and filed an appeal as the Supreme Court 2014Da62053, Dec. 24, 2014.
2. Determination on the lawfulness of the litigation for retrial of this case
A. The summary of the Defendant’s assertion is based on a false factual confirmation, etc. of the E name, which appears in a forged document, and there exist grounds for retrial under Article 451(1)6 of the Civil Procedure Act.
(B) The Defendant withdrawn his argument on the grounds for a retrial other than those as referred to in subparagraph 6 at the fourth day of the trial.
Judgment
Article 451(2) of the Civil Procedure Act provides, “In the case of paragraph (1) 4 through 7, a lawsuit for retrial may be instituted only when a judgment of conviction or judgment of a fine for negligence has become final and conclusive, or when a final and conclusive judgment of conviction or a fine for negligence cannot be rendered for reasons other than lack of evidence may be filed.” The requirements of Article 451(2) of the Civil Procedure Act are to prevent the harmful effects of the remaining lawsuit, and when the requirements of Article 451(2) are not satisfied, the lawsuit for retrial for such reasons are illegal. Thus, the grounds for retrial under subparagraphs 4 through 7 should be dismissed without examining the existence of the grounds for retrial itself.