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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).
Reasons
1. According to the records of the judgment subject to a retrial, the Plaintiff filed a lawsuit against the Defendant as the first instance court branch of Chuncheon District Court 2013da4052 (principal lawsuit). The Defendant filed a counterclaim against the Defendant for the payment of fraternity dues and the payment of recourse fees to the above court 2014da1272 (Counterclaim). As to each of the above cases, the above court dismissed all of the principal lawsuit claims on February 12, 2015 and rendered a judgment of the first instance court admitting a partial counterclaim, and (2) as to the judgment of the first instance, only the Plaintiff appealed with this court 2015Na516 (principal lawsuit), 2015Na523 (Counterclaim), and this court rendered a judgment for the judgment subject to a retrial that dismissed the Plaintiff’s appeal on September 1, 2015, and (3) the Plaintiff rendered a final judgment as to the judgment subject to a retrial with the Supreme Court 2015Da63862 (principal lawsuit) and 2015Da628167, respectively.
2. The assertion and judgment
A. The loan certificate (the borrowed amount of KRW 13 million, creditor D, debtor's loan certificate, and Eul evidence 3-1) presented in this case was prepared on the condition that the plaintiff receives the loan from the defendant. The plaintiff agreed to invalidate the above certificate if the plaintiff did not receive the loan money between D and D.
(1) The testimony of the witness of the first instance court D is false, and the above borrowed money certificate is forged.
(2) The grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act, including the grounds under Article 451(1)9 of the Civil Procedure Act, exist in a judgment subject to retrial, which neglected such circumstances.
B. The grounds for retrial under Article 451(1)9 of the Civil Procedure Act, regardless of whether a cause for retrial exists under Article 451(1)9 of the Civil Procedure Act, has been asserted in the final appeal as the grounds for appeal, barring any special circumstance, is legitimate to the lower judgment.