1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

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 for the payment of the usage fee of the Kacck Truck (2013Gaso6896) at the Changwon District Court Jinju branch, and the said court rendered a judgment citing the Plaintiff’s claim on January 16, 2014.

B. As to this, the Defendant appealed to the Changwon District Court 2014Na1977, and the above court partially revoked the judgment of the first instance on October 14, 2014, and rendered a judgment that “the Defendant shall pay to the Plaintiff 7,90,000 won and the amount equivalent to 5% per annum from October 4, 201 to October 14, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter referred to as “the judgment on review”). The Defendant appealed to the lower court as 2014Da79143, but the judgment dismissing the appeal on February 12, 2015, which became final and conclusive as it is.

2. Determination on the grounds for retrial

A. Since the Defendant’s assertion that a judgment subject to a retrial was based on the evidence lacking objectivity, there exist grounds for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial.

(B) The argument of the Defendant is the same as above.

Judgment

In the case of a cause for retrial under Article 451 (1) 6 of the Civil Procedure Act, a suit for retrial may be filed only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive or a final and conclusive judgment of a fine for negligence cannot be made for reasons other than lack of evidence.

However, there is no evidence to prove that the above requirements are met in the instant case, and there is no ground for retrial under Article 451(1)6 of the Civil Procedure Act.

3. If so, the defendant's lawsuit for retrial of this case is unlawful and thus, it is so decided as per Disposition.