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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. On January 8, 2013, the Plaintiff, which became final and conclusive in the judgment subject to review, filed a lawsuit against the Defendants by Daegu District Court 2012Kadan53366, and was sentenced by the said court to dismiss the Plaintiff’s claim. The fact that the judgment became final and conclusive on January 29, 2013 is significant in this court.
2. Grounds for retrial and determination
A. The grounds for retrial under Article 451(1)5 and 7 of the Civil Procedure Act (1) are that the Defendants dismissed the Plaintiff’s claim on the grounds that the judgment subject to retrial was not subject to punishment in a criminal case. Defendant B appears to be subject to criminal punishment. Defendant B rendered a false statement on the date of pleading on December 11, 2012 and rendered the aforementioned judgment. As such, there are grounds for retrial under Article 451(1)5 and 7 of the Civil Procedure Act (when a confession was made, or submission of means of attack or defense that may affect the judgment was obstructed due to another person’s act subject to criminal punishment).
(2) Article 451(2) of the Civil Procedure Act provides that “In the case of Article 451(1)4 through 7 of the Civil Procedure Act, a lawsuit may be brought in a retrial only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.”
Therefore, in order to claim a ground for a retrial under Article 451(1)5 or 7 of the Civil Procedure Act, it is necessary to prove, besides such grounds for retrial, that the requirements under Article 451(2) of the Civil Procedure Act have been met. A lawsuit for retrial that asserts a ground for a retrial under Article 451(1)5 or 7 of the Civil Procedure Act without meeting the requirements under Article 451(2) of the Civil Procedure Act.