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1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
1. On July 2, 2009, the Plaintiff filed a lawsuit against the Defendant against the Incheon District Court 2008Gahap13032 seeking the amount of KRW 318.5 million for goods, and damages for delay thereof, and was sentenced to a judgment against the Plaintiff by the Incheon District Court on July 2, 2009. While the Plaintiff filed an appeal under this Court 2009Na68035, the Plaintiff was sentenced to a judgment dismissing the Plaintiff’s appeal from the appellate court before the retrial (hereinafter “instant judgment subject to a retrial”). The Plaintiff appealed against this judgment and filed an appeal under the Supreme Court 2010Da30157, but the Plaintiff dismissed the Plaintiff’s appeal due to a mental failure by trial from the Supreme Court on June 24, 2010, the fact that the instant judgment subject to a retrial became final and conclusive by being served on June 28, 2010.
2. Determination on the grounds for retrial
A. The judgment subject to a retrial by the Plaintiff was based on the evidence for fact-finding of the false statement made by G by a witness of the first instance court. Since the judgment subject to a retrial became final and conclusive with respect to false statement made by G by a witness of the first instance court G, the judgment subject to a retrial in the instant judgment subject to a retrial may file a lawsuit for a retrial on the final and conclusive judgment, if it falls under any of the following subparagraphs:
Provided, That this shall not apply in case where the parties have asserted the grounds by an appeal or have known them to the public.
7. There is any ground for retrial that constitutes evidence of a judgment when the false statement by a witness, expert witness, or interpreter, or the false statement by a party or legal representative by the party examination has become evidence of the judgment.
B. Fact-finding 1) The Plaintiff asserted as follows as the cause of a claim for a case subject to review: (a) The Plaintiff entered into a contract for the manufacture and supply of gas supplies with the Defendant, which had operated B and C, as the primary cause of a claim; and (b) the Plaintiff ordered the Defendant for the convenience of business.