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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
1.The following facts shall be apparent or apparent in the records of this Court:
On March 26, 2014, the Plaintiff filed a lawsuit against the Defendant for damages as Busan District Court Decision 2014Gada44895, the said court rendered a judgment that accepted the Plaintiff’s claim that “the Defendant shall pay to the Plaintiff 4,588,900 won and interest calculated at the rate of 5% per annum from December 28, 2013 to April 11, 2014, and 20% per annum from the next day to the day of full payment,” and that “the Defendant shall pay to the Plaintiff 4,58,900 won and interest calculated at the rate of 20% per annum from the next day to the day of full payment.” The Defendant filed an appeal under this Court Decision 2015Na3850, but the appellate court dismissed the Defendant’s appeal on October 14, 2016 (hereinafter “instant judgment subject to a retrial”). However, the Defendant’s appeal was final and conclusive on January 25, 2017 (hereinafter “instant judgment”).
In the process of the relevant criminal judgment, the Defendant was charged with injury to the Plaintiff in relation to the instant lawsuit and issued a summary order of KRW 4 million on May 2, 2014 with summary indictment under the Busan District Court Branch Branch Decision 2014Da1314 and issued a fine of KRW 4 million on May 2, 2014. The Defendant filed a request for formal trial under the above court Decision 2014Ma749, but the said court ordered a fine of KRW 4 million on March 30, 2017. Although the Defendant appealed, the appellate court dismissed the appeal on March 30, 2018 (Dasan District Court Decision 2017No1369), while the Defendant appealed on May 16, 2018, the judgment became final and conclusive (hereinafter referred to as “related criminal judgment”).
A. In light of the following circumstances, there are grounds for retrial under Article 451(1)5, 7, 8, and 9 of the Civil Procedure Act in the judgment subject to a retrial. The Plaintiff, although there was no injury inflicted by the Defendant, submitted a false medical certificate by making a false statement.