1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent in the records of the judgment subject to a retrial:

The plaintiff filed a lawsuit against the defendant as the Ulsan District Court 2009 Ghana5831 and was sentenced to a judgment against the plaintiff in full.

B. Accordingly, the Plaintiff appealed as the Ulsan District Court 2010Na668, but on September 30, 2010, the said court was sentenced to a judgment dismissing the appeal (hereinafter “the judgment on review”).

On October 6, 2010, the Plaintiff did not appeal after being served with the original copy of the above judgment, which became final and conclusive on October 21, 2010.

2. The plaintiff asserted that the plaintiff filed a lawsuit against the Busan District Court 87Na921 for a claim for the return of the loan against C. The defendant who was present as a witness in the lawsuit above, testified that there was a monetary transaction between the plaintiff and D even though the plaintiff lent money to C, and lost the lawsuit above.

In addition, although the plaintiff did not inflict an injury on the defendant, the defendant filed a false complaint and a fine of 100,000 won became final and conclusive.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by such false testimony or false accusation.

Nevertheless, the judgment subject to a retrial is a ground for retrial under Article 451(1)9 of the Civil Procedure Act, since it dismissed an appeal against the judgment of the first instance court that dismissed the Plaintiff’s claim.

3. The phrase “when a judgment is omitted on important matters that affect the judgment” under Article 451(1)9 of the Civil Procedure Act concerning the existence or absence of a cause for retrial refers to the case where a party submitted in a lawsuit and failed to specify the judgment in the reasoning of the judgment concerning the means of attack and defense that affect the judgment. As long as there exists a judgment, the grounds leading to the judgment are not clearly stated or the grounds for rejecting the party’s claims are individually explained.