1. The lawsuit of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (the plaintiff).

purport, purport, ..

1. If the Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit seeking confirmation of KRW 67,760,000 for reimbursement and conjunctive damages, and the first instance court rendered a judgment dismissing all of the Plaintiff’s claims. The Plaintiff filed an appeal with this court as the court 201Na14130, but the appellate court dismissed the Plaintiff’s appeal, and the Plaintiff appealed as the Supreme Court Decision 201Da43413, Apr. 11, 2013, but the Plaintiff appealed as the Supreme Court Decision 2013Da430, Apr. 11, 2013, which became final and conclusive in the judgment subject to a retrial by the appellate court.

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

A. The Plaintiff’s argument that the judgment subject to a retrial was adopted as evidence by a foreign corporation’s forged documents and false statements. As such, there exist grounds for retrial under Article 451(1)6, 7, and 9 of the Civil Procedure Act in the judgment subject

B. Determination 1) Article 451(1)6 and 7 of the Civil Procedure Act provides that “when documents or other articles used as evidence for judgment have been forged or altered,” and Article 451(1)6 and 7 of the Civil Procedure Act provides that “when false statements by a witness, appraiser, or interpreter or by a party or legal representative through an examination of the party concerned have become evidence for the judgment” shall be grounds for retrial. However, in cases falling under Article 451(2)4 through 7 of the Civil Procedure Act, “when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive, or when a final and conclusive judgment of conviction or imposition of a fine for negligence has become final and conclusive for reasons other than lack of evidence” cannot be rendered.