1. The plaintiff's request for retrial shall be dismissed;

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

1. The following facts, which became final and conclusive in the judgment subject to review, are clear in records or significant in this court:

On October 8, 2009, the Plaintiff entered into a contract to borrow KRW 30 million from the Defendant.

(1) The Plaintiff filed a lawsuit claiming the cancellation of the registration of the establishment of a neighboring loan (hereinafter “the instant loan agreement”). Since the instant loan agreement was null and void or cancelled due to the Defendant’s violation of the Interest Limitation Act, the Defendant’s submission of forged loan transaction agreement and false promissory note, the Defendant’s unregistered loan business, etc., the Plaintiff is obligated to pay only KRW 28.65 million which the Plaintiff actually received from the Defendant and 5% delay damages per annum. As the Plaintiff fully repaid this, the registration of the establishment of a neighboring loan agreement as stated in the purport of the claim established to secure the instant loan claim (hereinafter “the registration of the establishment of a neighboring loan”).

(Macheon District Court 2016Kadan249716). However, on July 5, 2017, the above court rendered a judgment dismissing the plaintiff's claim.

B. The Plaintiff appealed against the above judgment (the Incheon District Court Decision 2017Na60645), but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on March 20, 2018 (the subsequent judgment on review).

Although the Plaintiff appealed, on July 12, 2018, the judgment dismissing the appeal was rendered.

(Supreme Court Decision 2018Da225616). 2. Determination as to the lawfulness of the instant suit for retrial (existence of grounds for retrial)

A. The Plaintiff’s assertion that the Defendant modified a letter of credit business loan transaction agreement and was subject to criminal punishment for such crime, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to a retrial.

In addition, in order to secure the payment of the instant loan bonds and the instant loan, the date of payment of promissory note bonds issued.