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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. According to the records on the determination of the judgment subject to a retrial, the Plaintiff filed a lawsuit against the Defendant for claiming the return of lease deposit with the Goyang Branch of the District Court 2014 Ghana532719, and rendered a favorable judgment of the said court on April 7, 2015, and appealed by the Defendant’s District Court 2015Na52474, and the appellate court rendered a judgment dismissing the Defendant’s appeal on September 18, 2015 (hereinafter “the judgment subject to a retrial”) by the appellate court (hereinafter “the judgment subject to a retrial”), and the Defendant appealed against this, and appealed by the Supreme Court 2015Da238529, but the final appeal became final and conclusive by dismissing the judgment due to the rejection of the trial on December 10, 2015.
2. Determination on the legitimacy of the litigation for retrial of this case
A. The gist of the Defendant’s assertion was that the Plaintiff made a false statement to the effect that a partner and a party to a lease agreement are only one member in a case subject to review, and that the court rendered a favorable judgment to the effect that the entries in the evidence Nos. 5 and 6 alone are insufficient to recognize the Defendant’s assertion. In the judgment subject to review, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act.
B. Article 451(1)6 of the Civil Procedure Act provides that “When the documents and other articles used as evidence of the judgment have been forged or altered,” the grounds for retrial may be prescribed as follows: Provided, That in the case of Article 451(1)4 through 7 of the Civil Procedure Act, a lawsuit may be brought in a retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.” In order to claim grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the above grounds for retrial have satisfied the requirements under Article 451(2) of the Civil Procedure Act, in addition to such grounds for retrial.