1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. On March 29, 2017, the Plaintiff filed a lawsuit against the Defendant and received the judgment of the first instance on June 30, 2017 (No. 2017da8178), and appealed against the said judgment, but the judgment dismissing the appeal was rendered on January 19, 2018 (No. 2017Na4870) (No. 2017Na4870), and the final appeal was also dismissed on May 15, 2018 and became final and conclusive.

(Supreme Court Decision 2018Da20576). 2. Claims and determination

A. The Plaintiff’s ground for retrial is that there is a ground for retrial under Article 451(1)6 of the Civil Procedure Act, since the Defendant considered forged documents as evidence.

The plaintiff's ground for a retrial is not clear, but is good as above.

B. Article 451(1)6 of the Civil Procedure Act provides, “When documents or other articles used as evidence of the judgment have been forged or altered,” as one of the grounds for retrial. Meanwhile, in the case of paragraph (1) 4 through 7, Article 451(2) of the same Act provides, “If a judgment of conviction or judgment on imposition of a fine for negligence becomes final and conclusive for the act subject to punishment, or a final and conclusive judgment on conviction or on imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence, a lawsuit may be brought

Therefore, in order to claim the grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the grounds for retrial should be asserted and proved together with the fact that the requirements under Article 451(1)4 through 7 have been met, except for such grounds for retrial, and the lawsuit for retrial, which asserts the grounds for retrial under Article 451(1)4 through 7

(see, e.g., Supreme Court Decision 2006Da14462, Sept. 14, 2006; Supreme Court Decision 2016Da873, Aug. 29, 2016). In light of the foregoing legal doctrine, the health unit and the evidence asserted by the Plaintiff can be found guilty for reasons other than the lack of evidence.