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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 records: (a) the determination of the original judgment is final and conclusive.
The Plaintiff filed a lawsuit against the Defendants and the co-defendants of the first instance court as Seoul Eastern District Court 2012Gahap100577, and the said court rendered a judgment dismissing the Plaintiff’s claim against the Defendants on September 18, 2012.
B. The Plaintiff lodged an appeal with this Court No. 2012Na77978, Jan. 6, 2015; this Court rendered a revocation of the part against the Plaintiff on January 6, 2015, “The part against the Defendants ordering payment under the judgment of the court of first instance is revoked. The Defendants rendered a judgment subject to a retrial with respect to KRW 1,725,056,020 and KRW 1,390,378,520 from January 21, 2012 to January 21, 2012; KRW 334,677,50 from April 11, 201 to January 6, 2015 to KRW 5% per annum; and KRW 20% per annum from the following day to the date of full payment.”
C. Accordingly, the Defendants appealed to the Supreme Court Decision 2015Da203196. However, the Plaintiff’s claim was reduced in the final appeal and the Supreme Court rendered a decision to dismiss the Defendants’ final appeal on December 10, 2015, the judgment subject to a final judgment was finalized by changing the judgment to “as jointly the Defendants jointly to the Plaintiff, and as to KRW 1,325,53,590, and KRW 90,856,090 from January 21, 2012, KRW 334,67,50 from April 11, 2012 to January 6, 2015, KRW 5% per annum, and KRW 20% per annum from the next day to the date of full payment.”
2. Determination on the grounds for retrial
A. The Defendants’ assertion 1) The grounds for a retrial under Article 451(1)6 and 7 of the Civil Procedure Act were determined based on forged investigation records. As such, there exist grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, and determined based on L, M, and A’s false statement, there are grounds for a retrial under Article 451(1)7 of the Civil Procedure Act.