1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

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 May 10, 2016, the Plaintiff filed a lawsuit against the Defendant for the refusal of compulsory execution based on the original copy of the payment order against the Defendant (hereinafter referred to as “the first judgment”) with the Chuncheon District Court Branch Branching 2016Kadan1368, the lower court rendered a judgment dismissing the Plaintiff’s claim on December 5, 2016 (hereinafter referred to as “the first judgment”).

B. On August 22, 2017, the Plaintiff appealed to the judgment of the first instance and appealed to this court as 2016Na1417. The appellate court rendered a judgment dismissing the Plaintiff’s appeal on August 22, 2017 (hereinafter “the judgment on review”).

C. The Plaintiff appealed against the judgment subject to a retrial and appealed by Supreme Court Decision 2017Da51887, but the final appeal was dismissed on March 15, 2018, and thereafter, the judgment subject to a retrial became final and conclusive as the judgment was served on the Plaintiff on March 20, 2018.

(1) Article 451(1)6 and 7 of the Civil Procedure Act provides that “The grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act exist, inasmuch as the judgment subject to a retrial was rendered by adopting a forged loan certificate (No. 1 of the judgment subject to a retrial; hereinafter “the instant loan certificate”).

② Since the judgment subject to review omitted the judgment on the Plaintiff’s assertion that the instant loan certificate was forged, there exist grounds for retrial falling under Article 451(1)9 of the Civil Procedure Act.

3. Determination

A. The evidence presented by the Plaintiff alone is insufficient to recognize that the loan certificate of this case was forged and forged irrespective of the Plaintiff’s intent, and there is no other evidence to acknowledge this otherwise.

Rather, on the second day for pleading, the Plaintiff prepared the amount of the loan certificate of this case, the confirmation of the fact of the loan, the name of the Plaintiff, and the Plaintiff’s stamp image of the loan certificate of this case.