The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

The grounds for request for retrial shall be examined.

In order to institute a suit for a retrial against a judgment of the court of final appeal, there must be grounds for retrial under Article 451 of the Civil Procedure Act.

The court of final appeal does not have a position of fact-finding unless it is a matter of ex officio investigation, but it is merely a determination of the evidence and the legitimacy of fact-finding conducted by the second instance court which is a fact-finding court, and the facts duly established by the fact-finding court are bound by the court of final appeal. As such, it is related to the fact-finding itself among the grounds for final appeal, for instance, it is related to the forgery or alteration of documentary evidence under Article 451 (1) 6 of the Civil Procedure Act, or it is related to false statements under subparagraph 7 of the same paragraph, and it cannot

(see, e.g., Supreme Court Decisions 99Da746, Apr. 11, 200; 201Da540, Aug. 18, 2011). In light of the foregoing legal doctrine, the argument that there exists a ground for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial, which is a judgment of non-judicial review of the Supreme Court, is unacceptable.

Therefore, the retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.