1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

1. The following facts are apparent or apparent in records in the judgment subject to a retrial.

The Plaintiff asserted that the Defendant completed the repair and delivery upon receiving an order from the Defendant for repair and delivery, and that the Plaintiff filed a lawsuit against the Defendant for the payment of goods under this Court No. 2014 Ghana126894. While the Defendant filed a counterclaim against the Plaintiff on the ground that there is any defect in the repair object, the court of first instance rendered a judgment dismissing both the Plaintiff’s principal claim and the Defendant’s counterclaim on August 11, 2015.

B. Accordingly, among the judgment of the court of first instance, the Plaintiff appealed to the part against the Plaintiff (only the Plaintiff’s appeal, and only the Plaintiff’s claim for principal lawsuit is subject to adjudication) and appealed to this court as 2015Na57312 (principal lawsuit) and 2015Na57329 (Counterclaim). On June 9, 2016, the above court rendered a judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment of retrial”).

C. The Plaintiff, who is dissatisfied with the judgment subject to a retrial, appealed to Supreme Court Decision 2016Da232139 (principal suit), 2016Da232146 (Counterclaim), but the judgment subject to a retrial became final and conclusive on September 7, 2016, by dismissing the final appeal.

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

A. The judgment subject to a retrial by the Plaintiff is interpreted as a contract for a simple one-time commercial transaction ordered orally between the Plaintiff and the Defendant. In fact, even if the Defendant did not separately bear any additional costs, the evidence that 2.3 million won was incurred due to the defect of the repair object (Evidence No. 5, and Certificate of Facts No. I of H company I) was clearly false. Thus, the Plaintiff’s petition for retrial should be accepted according to the case where the document and other articles as evidence of the judgment under Article 451(1)6 of the Civil Procedure Act were forged or altered.

B. (1) In order to file a lawsuit for retrial, there should be grounds for retrial listed in Article 451(1)1 through 11 of the Civil Procedure Act.