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 Defendant for the claim for the return of loan (U.S. District Court Decision 2016Kayang24798), and the said court affirmed the instant case by service by public notice, which did not serve the Defendant, and rendered a judgment citing all the Plaintiff’s claims on January 12, 2017.

B. On April 11, 2018, the Defendant filed an appeal by public notice that the said case was not in compliance with the period of appeal due to a cause not attributable to the Defendant (U.S. District Court 2017Na10685), and the said court revoked the judgment of the first instance court and rendered a judgment dismissing the Plaintiff’s claim on the grounds that there is no evidence to acknowledge that the said case had been concluded between the Plaintiff and the Defendant as a

(hereinafter referred to as the "case subject to review") c.

Therefore, although the Plaintiff appealed and filed an appeal (Supreme Court Decision 2018Da24660), the above court dismissed the Plaintiff’s appeal on July 13, 2018, and the judgment subject to a retrial became final and conclusive as it is.

2. There is a ground for retrial that constitutes “when a false statement by a witness, expert witness, or interpreter, or a false statement by a party or legal representative based on a party’s newspaper becomes evidence of a judgment” under Article 451(1)7 of the Civil Procedure Act in the judgment subject to retrial.

3. Article 451(2) of the Civil Procedure Act provides that “In the case of subparagraphs 4 through 7 of paragraph (1), a suit for retrial may be filed only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be made for reasons other than lack of evidence”.

Therefore, in order to claim the grounds for a retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the above grounds for retrial have satisfied the requirements under Article 451(2) of the Civil Procedure Act.