On March 7, 2008, the Plaintiff filed a lawsuit claiming payment by asserting that the Defendant agreed to repay the loan obligation of C against the Plaintiff, his father (Seoul Western District Court 2008Kadan16175), and the first instance court rendered a judgment dismissing the Plaintiff’s claim on September 5, 2008.

B. The Plaintiff appealed and appealed the above judgment, and the second instance court revoked the judgment of the first instance, and declared the judgment subject to a retrial that fully accepts the Plaintiff’s claim, and the said judgment became final and conclusive on April 14, 2009 as the Do for the appeal period.

2. The defendant's argument

A. Since a statement of performance, commitment, and performance, which are evidence of the judgment subject to a retrial, were forged by the Plaintiff, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial.

B. Since the judgment subject to a retrial is contrary to a final judgment rendered before it was rendered, there is a ground for retrial under Article 451(1)10 of the Civil Procedure Act.

3. No lawsuit for retrial shall be brought after five years have passed since the judgment became final and conclusive, except for a lawsuit for retrial instituted on the grounds of a defect of the power of representation in judgment or the matters provided for in Article 451 (1) 10;

(3) Articles 456(3) and 457 of the Civil Procedure Act. As seen earlier, the judgment subject to a retrial became final and conclusive as the intention of the filing of an appeal on April 14, 2009, and it is apparent in the record that the Plaintiff filed a lawsuit for retrial on May 17, 2019, five years after the filing of the lawsuit for retrial. As such, the part on the grounds for retrial under Article 451(1)6 of the Civil Procedure Act among the lawsuits for retrial of this case is unlawful

In cases of grounds for retrial under Article 451(1)6 of the Civil Procedure Act, when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final judgment of a fine for negligence cannot be made for reasons other than lack of evidence.