1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant (Plaintiff).

purport, purport, ..

1. The reasons for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, and thus, citing this case pursuant to the main text of Article 420 of the Civil Procedure Act.

[1] Article 451(1)4 through 7 of the Civil Procedure Act provides that “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, if a judgment of conviction or a judgment imposing a fine for negligence becomes final and conclusive, or if a final and conclusive judgment of conviction or a final judgment imposing a fine for negligence is impossible, a lawsuit may be filed for retrial without any grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act may be filed.” Thus, in order to claim grounds for retrial under Article 451(1) of the Civil Procedure Act, in addition to such grounds for retrial, the defendant (the plaintiff for retrial) shall assert and prove that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied, and without any need to examine whether the grounds for retrial have been met, it is unlawful as to the grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2001Du17471).

2. If so, the judgment of the court of first instance is just, and the appeal by the defendant (the plaintiff for retrial) is groundless, and it is dismissed.