1. The plaintiff (the plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

1. The Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for the payment of insurance money of KRW 8280,00 won and damages for delay thereof (hereinafter “instant judgment subject to a retrial”) with the Cheongju District Court Assistance 2008Gau18786, and received a favorable judgment regarding KRW 2780,00 and damages for delay thereof, and the fact that the said judgment became final and conclusive on October 16, 2009 is significant in this Court.

2. Determination as to the existence of a ground for retrial

A. The gist of the Plaintiff’s assertion is that: (a) the instant judgment subject to a retrial did not proceed with a fair trial; (b) the legal aid public-service advocate, the Plaintiff’s agent, did not intentionally submit necessary evidence for the instant judgment; and (c) the Defendant modified the purport of the instant judgment and the cause of the claim by stating that the Plaintiff wishes to mediate three million won, which constitutes grounds for retrial under Article 451(1)3 of the Civil Procedure Act; (c) the medical records of C Hospital, which were presented as evidence for the instant judgment subject to a retrial, were modified; and (d) the Defendant submitted only terms and conditions irrelevant to the issues of the instant judgment subject to a retrial, which constitute grounds for retrial under Article 451(1)6 of the Civil Procedure Act, due to the lack of evidence altered, and thus, constitutes grounds for retrial under Article 451(1)6 of the Civil Procedure Act; and (d) the full bench omitted a judgment on important matters affecting the judgment by declaring the Defendant’s false assertion to the Plaintiff; and (c) it constitutes grounds for retrial under Article 4515(1) of the Civil Procedure Act.

B. (1) As to the assertion on the grounds for a retrial under Article 451(1)3 of the Civil Procedure Act, there is no room to acknowledge the grounds for a retrial of the Plaintiff’s assertion.