1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are clearly recorded in the judgment subject to a retrial:

On August 22, 2013, the Plaintiff filed a lawsuit against the Defendant for unjust enrichment with Daejeon District Court 2013Gahap103449, and the said court rendered a judgment in favor of the Plaintiff on June 11, 2014 that “the Defendant shall pay to the Plaintiff 908,587,129 won, and the amount calculated at the rate of 5% per annum from August 30, 2013 to May 19, 2014, and 20% per annum from the next day to the day of full payment.” The Plaintiff’s judgment in favor of the Plaintiff, which states that “the Plaintiff shall be dismissed.”

B. On June 11, 2014, the Defendant appealed from Daejeon High Court Decision 2014Na11824, but the Daejeon High Court rendered a judgment subject to a retrial on October 21, 2015 to the effect that “the Defendant’s appeal is dismissed.”

C. The Defendant appealed by Supreme Court Decision 2015Da248496 Decided November 4, 2015, but the Supreme Court rendered a judgment on March 10, 2016 that “the Defendant’s appeal is dismissed.” Accordingly, the judgment subject to a retrial became final and conclusive.

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

A. The Defendant’s assertion related to the instant case subject to a judgment, which was filed by the Defendant against the Plaintiff, was presented at the appellate court of the lawsuit claiming a loan against the Plaintiff (Seoul High Court Decision 2014Na11831) and taken an oath, and testified, that “the facts were paid interest of KRW 4 million per month on the basis of principal KRW 100 million, and even if the loan certificate and the notarial deed were kept in custody, only interest of KRW 1 million per month on the basis of principal KRW 100 million was received, and the loan certificate and the notarial deed were kept in custody by the Defendant (B).” Since the protocol of examination of witness (Evidence No. 24) used as materials for the fact-finding of the judgment subject to a judgment, there exist grounds for retrial under Article 451(1)

B. The phrase “when the false statement of a witness is admitted as evidence of a judgment” under Article 451(1)7 of the Civil Procedure Act shall be directly subject to the review by the witness.