The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the intervenor joining the defendant.

The grounds for request for retrial shall be examined.

The reason for the request for retrial is that there are grounds for retrial under Article 451(1)6 and 9 of the Civil Procedure Act in the judgment subject to retrial.

However, the court of final appeal does not hold a position of fact-finding as long as it is not a matter of ex officio investigation, but does not hold a position of fact-finding, but only determines the legitimacy of evidence determination and fact-finding conducted by the second instance court which is a fact-finding court. Since the facts duly established by the fact-finding court are bound by the court of final appeal, the grounds for fact-finding itself among the grounds for final appeal, such as the forgery and alteration of evidence under Article 451(1)6 of the Civil Procedure Act, should not be a ground for final appeal

Such assertion cannot be a legitimate ground for retrial.

(2) As long as an argument on the grounds of appeal by an original judgment falls under a ground for rejection of a trial as provided by the Act on Special Cases Concerning the Procedure for Appeal, the original judgment cannot be said to have omitted the judgment on the grounds of appeal (see, e.g., Supreme Court Decision 2008Da502, Feb. 12, 2009). Thus, the grounds for retrial under Article 451(1)9 of the Civil Procedure Act cannot be deemed to exist in the judgment subject to a retrial.

Therefore, the part concerning the grounds for retrial under Article 451 (1) 6 of the Civil Procedure Act among the lawsuits for retrial of this case is dismissed, and the part concerning the grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act is dismissed. However, in the text, the request for retrial is dismissed. The cost of retrial is assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices