1. The lawsuit of this case shall be dismissed.

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

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.

The Plaintiff filed a lawsuit against the Defendants as stated in the Gwangju District Court No. 2017 Ghana2901, and the said court rendered a judgment on August 22, 2017, as stated in the purport of the claim.

B. The Defendants were dissatisfied with the judgment of the first instance, and filed an appeal for subsequent completion with the Gwangju District Court 2017Na8650, and the said court accepted the Defendants’ appeal for subsequent completion on October 18, 2018 and rendered a judgment revoking the first instance judgment and dismissing all the Plaintiff’s claims against the Defendants.

(hereinafter “Subject Decision on Review”). A decision subject to review became final and conclusive on November 7, 2018 due to the Plaintiff’s failure to file an appeal.

2. The plaintiff's assertion and judgment

A. Since the Plaintiff’s ground for retrial was determined based on the forged document as evidence, there exists a ground 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 documents or other articles used as evidence of the judgment have been forged or altered,” as one of the grounds for retrial. Article 451(2) of the Civil Procedure Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive in respect of an act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or a final and conclusive judgment of conviction or of imposition of a fine for negligence cannot be rendered for reasons other than shortage of evidence, a lawsuit

Therefore, in order to claim a ground for a retrial under Article 451 subparag. 6 of the Civil Procedure Act, it is necessary to assert and prove that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied, in addition to

A lawsuit seeking grounds for retrial under Article 451(1)6 of the Civil Procedure Act is unlawful without satisfying the requirements.

Supreme Court Decision 2016Da1678 Decided February 3, 2017 and Supreme Court Decision 201Da1678 Decided September 14, 2006.