1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The confirmation of the original judgment and the following facts in the process of litigation are apparent or apparent to this court.

The Plaintiff filed a lawsuit against the Defendant claiming for damages against the Defendant, as the Jung-gu District Court 2017Kacheon-si Court 2045, that the Defendant paid KRW 15,015,000 to the Plaintiff and its delayed damages.

On November 16, 2017, the court of first instance rendered a judgment dismissing the plaintiff's claim.

B. The Plaintiff appealed as the District Court 2017Na9115 against the judgment of the first instance.

On April 18, 2019, the appellate court sentenced the judgment dismissing the plaintiff's appeal (hereinafter referred to as "the judgment on review").

C. The Plaintiff appealed to the judgment subject to a retrial by Supreme Court Decision 2019Da13858.

On August 9, 2019, the Supreme Court rendered a judgment dismissing an appeal, which became final and conclusive.

2. The Plaintiff’s argument that a ground for retrial was subject to a retrial is in violation of Article 451(1)6, 9, and 10 of the Civil Procedure Act, and there are grounds for retrial under Article 451(1)6, 9, and 10 of the Seoul District Court Branch of the Seoul District Court.

3. The judgment of this Court

A. Article 451(1)6 of the Civil Procedure Act provides for a retrial on the grounds of retrial under Article 451(1)6 of the Civil Procedure Act on the grounds of “when documents and other items used as evidence for a judgment have been forged or altered.”

However, in such cases, a lawsuit for retrial may be brought only when a judgment of conviction becomes final or a judgment of conviction cannot be rendered for reasons other than lack of evidence pursuant to Article 2(2) of the same Act.

Therefore, if the requirements of Paragraph 2 of the same Article are not satisfied with respect to the grounds for reexamination under Paragraph 1 Paragraph 6 of the same Article, a lawsuit for reexamination is illegal.