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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, ..
Reasons
1. The following facts are apparent in the records of the judgment subject to a retrial.
On June 19, 2007, the Plaintiff filed a lawsuit against the Defendant seeking implementation as stated in the purport of the claim.
B. The first instance court ( Daejeon District Court 2007Gahap6127) rendered a judgment dismissing the Plaintiff’s claim, and the appellate court (Seoul High Court 2008Na8506) rendered a judgment citing part of the Plaintiff’s appeal.
As a result of the Plaintiff’s appeal, the lower court’s judgment was reversed and the case was remanded to the Daejeon High Court.
After the reversal, the Daejeon High Court rendered a judgment subject to a retrial that partially admitted the Plaintiff’s appeal according to the purport of reversal.
Although the Plaintiff filed a final appeal against this, the final appeal (Supreme Court Decision 2010Da996) dismissed the final appeal on May 13, 2010, and the judgment subject to final appeal becomes final and conclusive. The original judgment was served on the Defendant’s legal representative on May 17, 2010.
2. Grounds for retrial asserted by the defendant and determination thereof
A. The grounds for retrial asserted by the Defendant 1) As such, the judgment subject to a retrial has been rejected without exercising the right of explanation on evidence materials presented and presented by the Defendant, there is grounds for retrial under Article 451(1)9 of the Civil Procedure Act. 2) The evidence No. 32, which is the basis of the judgment subject to a retrial, is forged, and the testimony of the witness C of the first instance court, which is the basis of the judgment prior to the pleading, constitutes perjury, and there is grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act.
B. 1) According to the proviso of Article 451(1) of the Civil Procedure Act, the grounds for retrial stipulated under Article 451(1)9 of the Civil Procedure Act may not be instituted when the parties have asserted, or did not know, the grounds for retrial based on appeal.