1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. Judgment subject to review

A. The Plaintiff filed a lawsuit against the Defendant and C in 196 against the Plaintiff, and the Plaintiff was brought to the E court F by Nonparty H for a loan case No. 96Gahap3442 of the E court. At the time, the Defendant, in collusion with the court clerk C of the competent division in charge at the time, was unable to appear on the date of the instant case and thus, the Plaintiff was in the presence of the Plaintiff in the court on May 16, 1996 for the purpose that H would be rendered a favorable judgment. Notwithstanding the fact that the Plaintiff did not appear in the court on May 16, 1996, the Plaintiff falsely prepared the above receipt as if he was the receipt of a writ of summons, and the Plaintiff did not know of the fact that H submitted a documentary evidence on the date of change on which the date of the above date was changed, and thereby lost part of the Plaintiff. Accordingly, the Defendant and C jointly filed a lawsuit for damages compensation for the tort by asserting that the Defendant is jointly and severally liable with C to pay damages of KRW 17 million.

B. On September 23, 2004, the above court did not have any evidence to acknowledge that the defendant and C have falsely prepared the receipt of the summons of the changed date. Even if it is acknowledged that the defendant and C have falsely prepared the receipt of the writ of summons of the changed date, according to the plaintiff's assertion, the parties to the lawsuit may file an application for evidence in advance, not only on the date of pleading but also on the date of pleading, so even if H received the application for documentary evidence and evidence to the court in the state that H did not appear on the date of the change of date, it does not violate the litigation procedure, and the plaintiff was present on the date of pleading on May 30, 1996 when the court's ruling of evidence and examination of evidence were made. Accordingly, the plaintiff's claim is dismissed.