증서진부확인
1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.
The Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (the Defendant for review; hereinafter “Defendant”) to confirm the authenticity of the attached list under the Chuncheon District Court’s 2017Kadan1341.
B. On October 17, 2017, the first instance court rendered a judgment dismissing a lawsuit on the grounds that the document stating the name, address, and contact information of several persons including the Defendant is merely a document stating the name, address, and contact information of the Defendant, and thus, it does not directly prove the existence of certain legal relations from the content thereof, and thus, it cannot be the object of a lawsuit confirming the authenticity of the document.
C. On May 15, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) against the judgment of the first instance, and appealed by this Court No. 2018Na67, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal.
Therefore, the Plaintiff appealed to the Supreme Court Decision 2018Da27652, but the Supreme Court dismissed the Plaintiff’s appeal on August 30, 2018 pursuant to Article 5 of the Act on Special Cases Concerning the Procedure of Appeal, and the judgment on September 3, 2018 became final and conclusive.
2. The judgment of this Court
A. In the judgment subject to a retrial by the Plaintiff, there are grounds for a retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other articles used as evidence for the judgment were forged or altered), and Article 451(1)9 of the Civil Procedure Act (when the judgment was omitted on important matters that may affect the judgment).
B. The Plaintiff asserts that the grounds for retrial under Article 451(1)6 of the Civil Procedure Act were forged, and thus, there exists a ground under Article 451(1)6 of the Civil Procedure Act in the instant judgment subject to retrial.
In this regard, the documents and other articles, as evidence of the judgment, are included in Article 451(1)6 of the Civil Procedure Act.