1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Following facts which have become final and conclusive in the judgment subject to review shall be significant or clearly recorded in this court:

The Plaintiff filed a lawsuit against the Defendant for a loan claim with the Incheon District Court Branch Decision 2012 Ghana6446, and the said court rendered a judgment dismissing the Plaintiff’s claim on February 22, 2013.

B. The Plaintiff appealed against the foregoing judgment and appealed to the Incheon District Court 2013Na5978, but on September 25, 2014, the judgment dismissing the appeal (hereinafter “instant judgment subject to retrial”) was rendered, and on January 15, 2015, the instant judgment subject to retrial became final and conclusive as the Plaintiff’s final appeal was dismissed.

2. Grounds for requesting the retrial;

A. Although the written judgment subject to a retrial stated that the Plaintiff lent KRW 15 million to the Defendant and changed its assertion, the Plaintiff did not change its assertion that the Plaintiff lent KRW 15 million to the Defendant. Therefore, the instant judgment subject to a retrial constitutes grounds for retrial falling under Article 451(1)6 of the Civil Procedure Act and Article 451(1)7 of the same Act, “when documents and other articles constituting evidence of the judgment have been forged or altered,” and “when false statement has become evidence of the judgment.”

B. Although additional evidence, such as the details of financial transactions, was presented to the applicant for resumption of pleadings, there exist grounds for retrial falling under the “Omission of Judgment” under Article 451(1)9 of the Civil Procedure Act in the instant judgment subject to a retrial rendered.

3. Determination

A. As to the grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act, the Plaintiff’s grounds for retrial do not constitute grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act, and the judgment of conviction, such as fabrication of documents, became final and conclusive on the materials that served as the basis for

There is no evidence to acknowledge that a final judgment of conviction could not be rendered for reasons other than lack of evidence (see Article 451(2) of the Civil Procedure Act), and Article 451(1)6 and 7 of the Civil Procedure Act are no evidence.