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1. Among the lawsuits for retrial of this case, the grounds for retrial under Article 451(1)7 and 9 of the Civil Procedure Act shall be dismissed.
Reasons
1. The following facts are clearly recorded in the judgment subject to a retrial:
On October 2, 2008, the Plaintiff filed a lawsuit against the Defendant for the payment of damages of KRW 1 million by the Suwon District Court Decision 2008Gau5368, and received a dismissal judgment from the above court on October 2, 2008. On objection to the above judgment, the appeal was filed by Suwon District Court 2008Na24040, and the purport of the claim was extended to KRW 20,000,100. However, on April 22, 2009, the Plaintiff was sentenced to a judgment dismissing all the Plaintiff’s appeal and the claim extended by the appellate court (hereinafter “instant judgment subject to a retrial”).
B. On April 29, 2009, the Plaintiff served an original copy of the instant judgment subject to a retrial on the grounds that the said judgment subject to a retrial was not subject to a final appeal within the period of the final appeal.
5. 14. The decision was finalized as it is.
2. Summary of the plaintiff's assertion
A. As for the grounds for a retrial under Article 451(1)7 of the Civil Procedure Act as of April 17, 2008, Article 451(1)3 of the Civil Procedure Act (“Law Firm C”) made a false statement that is not based on the facts, such as “when the false statement by the defendant or defendant’s agent has been proven as evidence of the judgment” under Article 451(1)7 of the Civil Procedure Act, there exists a ground for a retrial under Article 451(1)7 of the Civil Procedure Act, which corresponds to “when the original statement by the defendant or defendant’s agent was proved as evidence of the judgment” in the instant judgment subject to a retrial as follows.
B. The grounds for retrial under Article 451(1)9 of the Civil Procedure Act are the grounds for retrial under Article 451(1)9 of the Civil Procedure Act that “when the judgment subject to retrial was omitted on important matters affecting the judgment”.
C. Grounds for retrial under Article 451(1)3 of the Civil Procedure Act are as follows.