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The plaintiff (the plaintiff)'s appeal is dismissed.
The costs of appeal shall be borne by the plaintiff (Plaintiff).
purport, purport, ..
Reasons
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of the judgment of this court under paragraph (2) of this Article, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of
2. Additional determination by this Court
A. The summary of the Plaintiff’s assertion 1) The Defendant notified the Plaintiff that the grounds for retrial under Article 451(1)6 of the Civil Procedure Act would restrict the insurance benefits of the Plaintiff, and did not notify the Plaintiff that it would suspend the insurance benefits. Nevertheless, the Defendant altered evidence on “restriction on the insurance benefits” to be related to “suspension of the insurance benefits.” As such, the judgment subject to retrial dismissed the Plaintiff’s lawsuit based on the altered evidence by the Defendant. As such, there exists a ground for retrial under Article 451(1)6 of the Civil Procedure Act (when the documents and other articles as evidence of the judgment were forged or altered) (the grounds for retrial under Article 451(1)7 of the Civil Procedure Act). (2) The Defendant made a false statement that the Defendant suspended the insurance benefits of the Plaintiff even if it was merely to restrict the insurance benefits of the Plaintiff, and the judgment subject to retrial dismissed the Plaintiff’s lawsuit based on the aforementioned false statement by the Defendant.
Therefore, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial (when the false statement by a witness, expert witness, or interpreter, or the false statement by a party or legal representative by the party questioning becomes evidence of the judgment).
3. According to Article 208(2) of the Civil Procedure Act, the grounds for a retrial under Article 451(1)9 of the Civil Procedure Act exist, the judgment on the parties’ allegations and other means of offence and defense shall be indicated to the extent that the text can be acknowledged as justifiable in the reasons in the written judgment
(b).