1. The lawsuit of this case shall be dismissed.

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

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:

The Plaintiff filed a lawsuit against the Defendant with this Court No. 2013 Ghana43584, which sought insurance payment of KRW 3,800,000,000 for cancer surgery benefits, and KRW 8,000 for cancer hospitalization benefits, and the Incheon District Court rendered a judgment against the Plaintiff on August 29, 2013.

B. The Plaintiff dissatisfied with the foregoing judgment and appealed by this Court No. 2013Na15838, but the Incheon District Court appellate court rendered a judgment dismissing the Plaintiff’s appeal on March 4, 2014 (hereinafter “instant judgment subject to a retrial”).

C. The Plaintiff appealed to the instant judgment subject to a retrial and appealed to the Supreme Court Decision 2014Da22994, but the Supreme Court rendered a judgment dismissing an appeal on June 26, 2014, thereby became final and conclusive.

The Plaintiff filed a suit for retrial with the Incheon District Court on July 4, 2014 and June 16, 2015, on the ground that there were grounds for retrial falling under the “when there was no determination of important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act regarding the instant judgment subject to retrial, but the Incheon District Court dismissed each of the lawsuits for retrial under the heading of Incheon District Court’s Ordinance No. 2014Na121, Oct. 8, 2014; and 2015Na142, Mar. 15, 2016.

2. The Plaintiff’s argument that the judgment subject to a retrial is based on the Defendant’s false statement, and dismissed the Plaintiff’s appeal. As such, there are grounds for retrial under Article 451(1)7 of the

3. We examine the determination on the legitimacy of the instant lawsuit for retrial, and Article 451(1)7 of the Civil Procedure Act provides for the grounds for retrial as “when the false statement by a witness, appraiser, or interpreter or the false statement by a party or legal representative by the party’s newspaper becomes evidence of the judgment”.

On the other hand, Article 2 (2) of the same Act provides that "in the case of paragraph (1) 4 through 7 of the same Article, a judgment of conviction or a judgment of imposition of fine for negligence has become final and conclusive.