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 14, 2017, the Plaintiff filed a lawsuit against the Defendant for indemnity based on a subrogation under a credit guarantee agreement, and the judgment was rendered to fully accept the Plaintiff’s claim on October 27, 2017.

(Seoul Western District Court 2017dan224237).(b)

The defendant appealed against the above judgment, and the appellate court declared the judgment subject to a retrial that dismissed the defendant's appeal.

C. Although the Defendant appealed against the above judgment, the Supreme Court rendered a judgment dismissing the Defendant’s final appeal on December 27, 2018, which became final and conclusive by declaring that the Defendant’s final appeal was dismissed due to the trial failure.

(2) Article 451(1)6 of the Civil Procedure Act provides that “When a document or any other article used as evidence for a judgment has been forged or altered,” and Article 451(1)7 of the same Act provides that “when a false statement by a witness, appraiser, or interpreter or a false statement by a party or legal representative by a party examination has become evidence of the judgment” as grounds for retrial. However, pursuant to Article 451(2) of the same Act, a retrial suit may be instituted only when “when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final or when a final and conclusive judgment of conviction or a final and conclusive judgment of a fine for negligence cannot be rendered for any reason other than lack of evidence” under Article 451(1)6 of the same Act. However, if a new trial does not meet the requirements under Article 451(2)6 and 7 of the same Act with respect to the grounds for retrial, the lawsuit for retrial is unlawful and ought to be dismissed without prejudice to

Although the defendant asserts that there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial, the judgment of conviction or the judgment of fine for negligence became final and conclusive in relation thereto.

A final and conclusive judgment of conviction or a fine for negligence for any reason other than shortage of evidence.