The action for retrial shall be dismissed.

The litigation costs for retrial shall be borne by the defendant.

The grounds for request for retrial shall be examined.

The gist of the grounds for the request for retrial of this case is that there is a ground for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to retrial, since the second instance court erred by misapprehending the facts based on a forged sales contract, etc. submitted by the plaintiff (the defendant for retrial).

However, the court of final appeal is merely judging the legitimacy of the determination of evidence and the fact-finding conducted by the second instance court which is a fact-finding court, and the facts duly established by the fact-finding court are bound by the court of final appeal. As such, among the grounds for final appeal, the fact-finding itself is related to the fact-finding itself, and for example, as to the forgery and alteration of the documentary evidence under Article 451(1)6 of the Civil Procedure Act, the grounds for final appeal against the judgment

(See Supreme Court Decisions 67Da74 delivered on November 21, 1967, and 99Da746 delivered on April 11, 200, etc.). Therefore, the argument on the grounds for a retrial by the Defendant (Plaintiff) cannot be a legitimate ground for a retrial as to the judgment subject to a retrial, which is the final appeal, is unlawful.

Therefore, by the assent of all participating Justices, the lawsuit of this case is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition.