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:

On July 8, 2015, the Plaintiff filed a lawsuit against the Defendant seeking damages against the Plaintiff due to nonperformance of the goods supply contract concluded between the Plaintiff and the Defendant, but the said court rendered a judgment dismissing the Plaintiff’s claim on January 14, 2016.

B. In response to the foregoing judgment, the Plaintiff appealed as Suwon District Court 2016Na53197, but the said court rendered a judgment dismissing the appeal on October 27, 2016 (hereinafter “the judgment on review”), and the judgment subject to review became final and conclusive on November 18, 2016.

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

A. The Plaintiff’s assertion that the judgment subject to a retrial is based on each of the false statements by Defendant E and witness F of the first instance trial, and there are grounds for retrial falling under Article 451(1)7 of the Civil Procedure Act.

B. Article 451(1)7 of the Civil Procedure Act provides that “when a false statement by a witness or a party through an examination of the party concerned has become evidence of a judgment,” the grounds for retrial may be prescribed as follows. Meanwhile, Article 451(2) of the Civil Procedure Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive for an act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or if a final and conclusive judgment of conviction or a final judgment of imposition of a fine for negligence

Therefore, in order to claim a ground for retrial under Article 451(1)7 of the Civil Procedure Act, the grounds for retrial should be asserted and proved together with the fulfillment of the requirements under Article 451(2) of the Civil Procedure Act, except for such grounds for retrial. A lawsuit for retrial, which asserts a ground for retrial under Article 451(1)7 of the Civil Procedure Act, without satisfying the requirements, is unlawful. This is identical.