The law of "when the judgment has been proved" under Article 422 (1) 6 subparagraph 7 of the Civil Procedure Act.

The evidence of the judgment stipulated in Paragraph 1 (6) of this Article refers to the evidence adopted by the judgment that recognizes the facts which form the basis for maintaining the order of the judgment, and even if it is proved that it had an influence on the conviction of the judge of domestic affairs, it cannot be said that it is not adopted as the material for fact-finding or it is proved as evidence of the above judgment.

Articles 422, 16. 7 of the Civil Procedure Act

Plaintiff (Re-Defendant)

Korea

Mutual Transport Corporation

An intervenor of an independent party (Plaintiff for Retrial)

Seoul Civil Area, Seoul High Court Decision 67Hun-Ga2 delivered on December 29, 1967

The appeal is dismissed.

The costs of appeal shall be assessed against the intervenor of an independent party.

With respect to the grounds of appeal by an independent party intervenor,

Article 422 (1) 6 and 7 of the Civil Procedure Act refers to the evidence adopted by the court as a material to acknowledge the facts on which the court order is maintained, and even if it is inferred that it had an influence on the conviction of a judge in domestic affairs, it cannot be a ground for retrial because it is not adopted as a material for fact-finding or it can not be a material for fact-finding, and therefore, the judgment of the court below based on the above opinion is just, and there is no ground for retrial. It is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)