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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, and.
Reasons
1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.
The Plaintiff filed a lawsuit against the Defendant with the Gwangju District Court 2017Kadan507407 that “the Defendant shall jointly and severally pay KRW 47,662,705 and delay damages therefor with A,” and the Defendant received a copy of the complaint on April 2, 2014.
B. The above court rendered a judgment in favor of the Plaintiff on the basis of the presumption of confession to the Defendant, and the above judgment became final and conclusive on July 29, 2014 of the same year.
2. Defendant’s assertion and determination on the grounds for retrial
A. According to a credit guarantee agreement presented by the defendant in the judgment subject to a retrial by the defendant's assertion, a joint and several surety is forged by A, and there is a ground for retrial under Article 451 (1) 6 and (2) of the Civil Procedure Act.
B. (1) According to Article 451(1)6 of the Civil Procedure Act, if a document or any other article as evidence for the judgment has been forged or altered, a lawsuit for retrial may be brought against the final judgment established when the document or any other article as evidence for the judgment has been forged or altered, and pursuant to Article 451(2) of the Civil Procedure Act, a lawsuit for retrial may be brought only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of a fine for negligence cannot be rendered for reasons other than lack of evidence. In the event that the document as evidence for the judgment is forged or altered as ground for retrial and there is no final and conclusive judgment of conviction as to such act, a final and conclusive judgment of conviction cannot be made due to the completion of the statute of limitations for reasons other than lack of evidence, and if there is no forgery or alteration, the claimant for retrial can prove that he/she
(see, e.g., Supreme Court Decision 84Nu734, Feb. 26, 1985). Also, Article 451(1)6 of the Civil Procedure Act is applicable.