1. The action for retrial shall be dismissed;

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

We examine the reasons for the request for retrial.

Article 451(2) of the Civil Procedure Act provides that “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, a suit for retrial may be instituted only when a judgment of conviction, a judgment of imposition of a fine for negligence becomes final and conclusive, or when a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.” In order to seek grounds for retrial under Article 451(1)5 and 6 of the Civil Procedure Act, a suit for retrial must be presented along with the fact that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied, in addition to such grounds for retrial, unless the requirements under Article 451(2) of the Civil Procedure Act have been met. A suit for retrial that asserts the grounds for retrial under Article 451(1)5 and 6 of the Civil Procedure Act is unlawful, and such a suit for retrial should be dismissed without prejudice to the determination

(see, e.g., Supreme Court Decision 2013Reda797, Jan. 23, 2014). The Plaintiff (Plaintiff) asserted grounds for retrial under Article 451(1)5 and 6 of the Civil Procedure Act, including documents that forged a loan certificate, etc. submitted by documentary evidence in a lawsuit subject to retrial, but the judgment of conviction or imposition of fine for negligence became final and conclusive in relation to the aforementioned assertion by the Plaintiff (Plaintiff).

The lawsuit of this case is unlawful, since there is no proof of any assertion as to whether it is impossible to render a judgment of conviction or imposition of a fine for negligence for reasons other than lack of evidence, and it does not seem that such assertion as above constitutes grounds for retrial under the above provision.

Therefore, the litigation of this case is dismissed, and the litigation costs are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.