부당이득금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
1. The plaintiff's gist of the plaintiff's assertion is that the defendant's employee C submitted a written request for refusal of counter-trade forged or altered by the defendant's employee C to dismiss the plaintiff's claim. Thus, the plaintiff's argument that the judgment subject to a retrial constitutes "when documents and other articles used as evidence of the judgment were forged or altered."
2. Article 451(1)6 of the former Civil Procedure Act provides that “When documents and other items used as evidence of the judgment have been forged or altered,” as one of the grounds for retrial, Article 451(1)6 of the same Act provides that “If a judgment of conviction or a judgment of a fine for negligence becomes final and conclusive or a final and conclusive judgment of conviction or a fine for negligence cannot be rendered for reasons other than lack of evidence in the case of paragraph (1) 4 through 7, a retrial may be instituted only if the document used as evidence of the judgment was forged or altered as grounds for retrial and there is no final and conclusive judgment of conviction against such act, a final and conclusive judgment of conviction cannot be rendered due to the completion of the statute of limitations for reasons other than lack of evidence, etc., and if the document used as evidence of the judgment was forged or altered, the requester for retrial must prove that
However, the evidence alone presented by the Plaintiff alone is insufficient to recognize that the court could render a conviction on the charge of alteration, etc. of private documents with respect to documentary evidence, which served as evidence for the judgment subject to a retrial, and there is no other evidence to acknowledge it. Therefore, the instant lawsuit for retrial is unlawful because it does not meet the requirements under Article 451(2)
Furthermore, a lawsuit for retrial cannot be brought when a party asserts a ground for retrial by an appeal, or does not know it, even if he knows it.
(The proviso of Article 451(1) of the Civil Procedure Act).