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.

The plaintiff (hereinafter "the plaintiff") asserts that there are grounds for retrial under Article 451 (1) 6 (when documents and other articles used as evidence of the judgment have been forged or altered) and 9 (when judgment was omitted on important matters affecting the judgment) of the Civil Procedure Act in the judgment subject to retrial.

However, Article 451(2) of the Civil Procedure Act provides, “A lawsuit for retrial may be brought only when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive in respect of an act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or when a final and conclusive judgment of conviction or a fine for negligence cannot be made for

Therefore, in order to claim the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, it is necessary to prove that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied in addition to such grounds for retrial.

Nevertheless, there was a final judgment of conviction due to the forgery of the car manufacturer certificate and the tax invoice cited by the Plaintiff.

There is no evidence to prove that a conviction could not be rendered for reasons other than lack of evidence.

In addition, there is no omission of determination as to the grounds of appeal in the judgment subject to a final appeal, on the ground that the argument on the grounds of appeal falls under the grounds for non-trial deliberation under the Act

(See Supreme Court Decision 95Nu176 delivered on February 13, 1996, etc.). The request for 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.