The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

A review of a ruling on the final appeal shall be allowed only in cases where the grounds prescribed in Article 451 of the Civil Procedure Act exist.

However, the court of final appeal has no position of fact-finding unless it is a matter of ex officio investigation, but it is only a determination of the evidence and the legitimacy of fact-finding conducted by the court of original judgment.

Therefore, the grounds for fact-finding itself, such as forgery and alteration of documentary evidence under Article 451(1)6 of the Civil Procedure Act, cannot be considered as grounds for retrial against the judgment of the court of final appeal which is not a fact-finding court

(see, e.g., Supreme Court Decisions 99Ja746, Apr. 11, 200; 201Ja540, Aug. 18, 201). Therefore, the assertion that there are grounds for a retrial under Article 451(1)6 of the Civil Procedure Act in the instant judgment subject to a retrial, which is a judgment of final appeal, is not a legitimate ground for retrial.

In addition, even if the record is examined, the grounds for retrial under Article 451 (1) 9 of the Civil Procedure Act cannot be found in the judgment subject to review of this case.

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