1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

1. On August 22, 2012, the Plaintiff filed a lawsuit against the Defendant for a claim for damages against the Changwon District Court 201Gahap7208 (hereinafter “case subject to review”) and was sentenced to a dismissal judgment (hereinafter “the judgment subject to review”), and the said judgment became final and conclusive on September 15, 2012.

[Reasons for Recognition] The substantial fact in this Court

2. The assertion and judgment

A. On June 15, 2012, when the case subject to review was pending by the Plaintiff, H, D, etc., the Plaintiff had the Plaintiff legally detained on June 15, 2012, and on August 18, 2012, the Plaintiff sought the original prison in which the Plaintiff was detained, and then deprived the Plaintiff of procedural fundamental rights, such as the Plaintiff’s right of pleading, by threatening the Plaintiff’s withdrawal of all civil litigation.

This constitutes “when the submission of the method of offence or defense that may affect the judgment” under the latter part of Article 451(1)5 of the Civil Procedure Act.

② According to the relevant laws and regulations, in order to terminate a tangible or intangible financial product, a power of attorney must be attached to the application of the depositor himself/herself or his/her certificate of deposit.

In relation to “D whether the Defendant, a financial institution, fulfilled its obligations under relevant statutes and contracts when terminating a financial product under the name of the Plaintiff on behalf of the Plaintiff,” the issue at issue in the case subject to review, the Plaintiff’s claim was dismissed on the ground that there was insufficient evidence to acknowledge the Defendant’s breach of duty in the judgment subject to review, as it was impossible for the Defendant to reverse and conceal all forged documents related to the above issue and prevent the Defendant from withdrawing the litigation, even though no power and seal certificate was issued at the time.

Article 451(1)6 of the Civil Procedure Act provides that “When a document or any other article used as evidence for a judgment has been forged or altered” under Article 451(1)6 of the same Act.

③ The Plaintiff shall also have the power of attorney and seal impression.