1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Determination of the original judgment

A. On August 19, 2015, the Plaintiff filed a lawsuit against the Defendant for the claim of damages against this court. On August 19, 2015, the court of first instance rendered a judgment accepting the Plaintiff’s claim in entirety.

B. The Defendant dissatisfied with this, and appealed as 2015Na50957, and the above appellate court rendered a judgment on July 27, 2016, changing the above judgment of the first instance to the effect that “the Defendant shall pay to the Plaintiff 16,880,000 won and the amount of KRW 4,790,000 with interest rate of 20% per annum from January 31, 2015 to the date of complete payment, the remainder of KRW 12,090,000 with interest rate of 5% per annum from January 31, 2015 to July 27, 2016, and each interest rate of 20% per annum from the next day to the date of full payment (hereinafter “the subject judgment of retrial”).”

C. As the Defendant’s appeal against the judgment subject to a retrial was dismissed on October 27, 2016 by Supreme Court Decision 2016Da37716, the judgment subject to a retrial became final and conclusive around that time.

[Ground of recognition] Unsatisfy, substantial or obvious facts in records to this court

2. Whether the litigation for retrial of this case is legitimate

A. The Defendant’s assertion that the Plaintiff, while being aware that the daily working hours of the Defendant were 15 hours, argued that the Defendant’s daily working hours were 8 hours in the above-mentioned first and second trials, and that the Defendant’s daily working hours were 8 hours, was accepted by such false statement, and thus, the judgment subject to a retrial was pronounced, there is a ground for retrial under Article 451 subparag.

B. Lawsuits for retrial as to whether it constitutes grounds for retrial are permitted only when there are grounds for retrial stipulated under Article 451(1) of the Civil Procedure Act.

In addition, the grounds for retrial under Article 451(1)7 of the Civil Procedure Act include “when the false statement of a witness, expert witness, or interpreter, or when the false statement of a party or legal representative under the party examination becomes evidence of the judgment”.