1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. On February 3, 2015, the Plaintiff filed a lawsuit against the Defendant, which is identical to the purport of the claim in the principal lawsuit, with the Changwon District Court through the Changwon District Court’s Division No. 2013da7430, and the Defendant filed a counterclaim against the Plaintiff, which is identical with the purport of the claim in the counterclaim, and on May 16, 2014, the said court rendered a judgment that partly accepted the claim in the principal lawsuit and the counterclaim (hereinafter “the judgment of the first instance”) (hereinafter “the judgment”), and only the Defendant appealed against this, and filed an appeal with the Changwon District Court No. 2014Na5771 (the principal lawsuit), No. 2014Na5788 (Counterclaim). The judgment of the said court dismissed both the Defendant’s principal lawsuit and the counterclaim (hereinafter “the judgment subject to retrial”), and it is evident that the judgment subject to a retrial becomes final and conclusive on March 3, 2015.

2. The defendant's assertion that the defendant used the plaintiff's false statement as evidence, and omitted judgment on important matters, so that there are grounds for retrial, such as Article 451 subparagraphs 7 and 9 of the Civil Procedure Act.

3. Determination

A. Article 451(1)7 of the Civil Procedure Act provides that grounds for retrial shall be “when a false statement by a witness, expert witness, interpreter, or a false statement by a party or legal representative has become evidence of a judgment” under Article 451(1)7 of the same Act. However, Article 451(2) of the Civil Procedure Act provides that “when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final in the case of paragraph (1)4 through 7, a retrial may be instituted only when a final and conclusive judgment of conviction or final judgment of a fine for negligence is impossible for reasons other than lack of evidence.” Thus, in order to recognize grounds for retrial under Article 451(1)7 of the Civil Procedure Act, a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive, or for reasons other