1. The lawsuit of this case and the part of the claim expanded in the trial shall be dismissed.

2. After the filing of a new review.

1. The following facts are apparent in records:

The judgment of the appellate court became final and conclusive on the ground that the appeal filed by the Plaintiff as a counterclaim against the Defendant was dismissed due to the dismissal of the appeal filed by the Plaintiff as a counterclaim against the Plaintiff in the Daejeon District Court 201Gau2244, and the said court rendered a judgment dismissing the Plaintiff’s claim. While the Plaintiff appealed to Daejeon District Court 2011Na15535, the appellate court dismissed the Plaintiff’s appeal and the Defendant rendered a judgment citing the counterclaim against the claim for damages (claim) filed at the appellate court 2011Na19681, which was brought by the Defendant at the appellate court.

B. The Plaintiff filed a lawsuit against the above appellate judgment on the grounds that there was a ground for retrial under Article 451(1)6 of the Civil Procedure Act, but on November 14, 2012, the judgment of dismissal [the Daejeon District Court Decision 2012J 170, 2012Na217 (Counterclaim)] was rendered on the grounds that the legitimate requirements for retrial were not satisfied, and the Plaintiff’s appeal (the Supreme Court Decision 2012Da13827, 2012Da113834 (Counterclaim)] was also dismissed on March 28, 2013 and thus the judgment subject to retrial became final and conclusive.

2. The Plaintiff asserts that there exists a ground for retrial pursuant to Article 451(1)6 of the Civil Procedure Act in the judgment subject to retrial.

Article 451(1)6 of the Civil Procedure Act provides, “When documents or other articles used as evidence for judgment have been forged or altered, any party may file a lawsuit for retrial on a final judgment that has become final and conclusive.” In the case of Article 451(2) of the Civil Procedure Act, only when a judgment of conviction or judgment on imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment on imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.”