1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On June 7, 2016, the Plaintiff filed an application with the Defendant for a payment order seeking payment of KRW 12,000,000,000 of loan claims based on the Notarial Deed (hereinafter “Notarial Deed”) dated April 28, 2006. The Defendant filed an objection and filed an application for the submission of the objection to the lawsuit, and the court of first instance rendered a judgment citing all the Plaintiff’s claims on December 22, 2016.

B. The Defendant filed an appeal against the above judgment of the first instance court, but the appellate court also rendered a judgment subject to a retrial that dismissed the Defendant’s appeal on August 23, 2017.

C. Although the Defendant filed an appeal against the foregoing appellate judgment, the Supreme Court rendered a judgment dismissing the appeal on November 23, 2017 (Supreme Court Decision 2017Da46700), the instant judgment subject to a retrial became final and conclusive.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The judgment subject to a retrial by the Defendant’s assertion is determined based on the contents of the notarial deed of this case written on the basis of a forged power of attorney. As such, there are grounds for retrial falling under “when documents or other items as evidence of the judgment have been forged or altered (Article 451(1)6 of the Civil Procedure Act),” “when false statements by a witness, appraiser, or interpreter or by a party or legal representative through an examination of the parties have become evidence of the judgment (Article 451(1)7 of the Civil Procedure Act),” “when a civil or criminal judgment, or any other judgment or administrative disposition, which forms the basis of the judgment, has been altered by another judgment or administrative disposition (Article 451(1)8 of the Civil Procedure Act),” “when the judgment prior to the retrial is inconsistent with a final judgment rendered prior to the final judgment (Article 451(1)10 of the Civil Procedure Act).”

B. Grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act are as follows.