1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

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:

On November 25, 2015, the Plaintiff filed a lawsuit against the Defendant seeking personnel expenses, etc., and the court of first instance rendered a judgment of retirement on the ground that “the Plaintiff cannot file a lawsuit claiming the payment of remuneration according to the share of expenses under the agreement among the union members only against the Defendant, a part of the union members.”

(In Incheon District Court 2015 Ghana1302). (b)

The Plaintiff appealed as Incheon District Court No. 2016Na3973, Oct. 4, 2016. The above court accepted part of the Plaintiff’s appeal on October 4, 2016, and rendered a judgment in favor of the Plaintiff that “the Defendant shall pay the Plaintiff 4,995,900 won and the interest calculated at the rate of 5% per annum from December 1, 2015 to October 4, 2016, and 15% per annum from the next day to the date of full payment.”

C. The Defendant served an authentic copy of the aforementioned judgment on October 7, 2016 and appealed by Supreme Court Decision 2016Da45960, but the said court rendered a judgment dismissing the final appeal on January 12, 2017. The said judgment became final and conclusive on January 16, 2017.

2. Determination on the legitimacy of the litigation for retrial of this case

A. Defendant’s assertion 1) Documents, evidence No. 3, etc. submitted by the Plaintiff were forged. As such, there exist grounds for retrial falling under the grounds for retrial under Article 451(1)6 of the Civil Procedure Act, “when the documents and other items used as evidence of the judgment have been forged or altered.” 2) Since the judgment subject to retrial did not clearly indicate the shares in the tourist farm of this case, there were grounds for retrial falling under the grounds for retrial under Article 451(1)9 of the Civil Procedure Act, “when the judgment subject to retrial omitted any judgment on important matters that may affect the judgment.”

B. Article 451(1)6 of the Civil Procedure Act provides that “when documents and other articles used as evidence for judgment have been forged or altered,” as grounds for retrial.