손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
1. The plaintiff filed a lawsuit against the defendant seeking damages due to the defendant's non-performance of obligation or tort by Jeonju District Court Decision 9Gahap682, Jeonju District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's decision dismissing the plaintiff's claim on April 26, 2000. The plaintiff filed an appeal under this court's 200Na22688, but this court sentenced the judgment dismissing the plaintiff's appeal on May 24, 2002 (re-adjudication decision) and again appealed by the Supreme Court's Supreme Court's decision to dismiss the plaintiff's appeal on August 2, 2002, which became final and conclusive on the same day
2. Determination on the legitimacy of the litigation for retrial of this case
A. The Plaintiff’s assertion that the judgment subject to a retrial was admitted as evidence for the testimony of the witness witness Eul Nos. 4 (a mid-term lease contract) and Eul, but the evidence No. 4 was altered, and since the witness D’s testimony is apparent to be false, there are grounds for a retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial. The Plaintiff filed a complaint against the Defendant J, the representative director of the Defendant, for the crime of altering private document and committing perjury, but the prosecutor made a disposition that there was no suspicion of perjury without any justifiable reason, and this constitutes “when it is impossible to make a final judgment or a final judgment of a fine for negligence for any reason other than lack of evidence” under Article 451(2)
B. (1) In order to file a lawsuit for retrial on the grounds of Article 451(1)6 or 7 of the Civil Procedure Act, it shall be applicable when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final, or it is impossible to make a final judgment of conviction or a final judgment of imposition of a fine for negligence on the grounds other than lack of evidence (Article 451(2) of the Civil Procedure Act), and “when a final judgment of conviction or a final judgment of imposition of a fine for negligence cannot be made