1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

1. On July 10, 2008, 2008Guhap7731, this Court rendered a favorable judgment against the defendant in this case between the plaintiff in question and the defendant in which judgment for review was finally affirmed on July 10, 2008, and the plaintiff in question appealed as Seoul High Court 2008Nu2275, but the Seoul High Court declared that the plaintiff in question dismissed the appeal by the plaintiff in question on January 23, 2009, and the plaintiff in question appealed as the Supreme Court 2009Du3590, but the Supreme Court declared on April 9, 2009 that the plaintiff in question dismissed the appeal on April 14, 2009, and the fact that the decision for review in question became final and conclusive is apparent.

2. The gist of the Plaintiff’s assertion in the judgment subject to a retrial is that: (a) a compulsory execution document, one bank under the name of the Plaintiff for a retrial, and a demand for voluntary repayment, which is a document supporting the judgment subject to a retrial, were altered by the employees of the Defendant for a retrial; (b) there was grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, because documents, etc. supporting the judgment were forged or altered; and (c) the Plaintiff’s final judgment (Seoul High Court Decision 2006Nu18050, Mar. 2, 2007) against the Defendant for a retrial is contrary to the final judgment rendered by the Plaintiff for a retrial, and thus, there was grounds for a retrial under Article 451(1)10 of the Civil Procedure Act, and there exists any other grounds for a retrial under Article

3. Determination

A. As to whether there exists a ground for a retrial under Article 451(1)6 of the Civil Procedure Act, Article 451(2) of the Civil Procedure Act may file a lawsuit for retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive for an act subject to punishment, or when a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.