1. The lawsuit of this case shall be dismissed.

2. The cost of review shall include the part resulting from the intervention.

If a party asserts a cause for a retrial by an appeal, or fails to know it, the party may not institute a lawsuit for retrial.

(Article 451(1) proviso of the Civil Procedure Act. This also applies where a final appeal against a judgment subject to a final appeal is dismissed by a judgment of rejection of a trial under Article 4 of the Act on Special Cases Concerning the Procedure

(See Supreme Court Decision 2014Da50944 Decided November 13, 2014). As to the part that the Intervenor asserts in an original judgment that there is a ground for a retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment was omitted on important matters that may affect a judgment), the intervenor cannot file a lawsuit for retrial on the ground that the Intervenor asserted, or did not know, the relevant ground in the appellate trial of the original judgment, on the grounds that the Intervenor asserted, or did not know, the

On the contrary, it is difficult to view that there exists any ground for retrial solely on the ground that the intervenor was friant

With respect to the part concerning which an intervenor asserts that there is a ground for a retrial under Article 451(1)6 and 7 (a false statement by a witness, expert witness, interpreter, or a false statement by a party or legal representative based on a party examination has been proven as evidence of the judgment) of the Civil Procedure Act in the judgment subject to a retrial, a retrial may be instituted only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or it is impossible to render a final and conclusive judgment of conviction or a final and conclusive judgment of a fine for negligence for any reason other than lack of evidence (Article 451(2) of the Civil Procedure Act). Unless there is no evidence to deem that the intervenor satisfies the above requirements, the intervenor may not bring a lawsuit for retrial.

An intervenor is a civil or criminal judgment or any other judgment or administrative disposition that forms the basis for a judgment subject to a retrial under Article 451(1)8 of the Civil Procedure Act, in a different judgment or administrative disposition.