1. All of the lawsuits for retrial of this case shall be dismissed.

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

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.

On November 4, 2016, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 91,00,000 to the Defendant’s account payable out of the account paid by the Plaintiff to the Defendant, such as the high-household supplied by the Plaintiff. On August 29, 2017, the said court rendered a judgment accepting the Plaintiff’s claim in full.

B. On October 12, 2018, the Defendant appealed as Seoul Western District Court 2017Na4199, and the appellate court rendered a judgment subject to a retrial that dismissed the Defendant’s appeal.

C. As to this, the Defendant appealed by Supreme Court Decision 2019Da29, but the final appeal was dismissed due to the non-trial failure, which became final and conclusive on April 18, 2019.

2. Determination as to the existence of a ground for retrial

A. The defendant's assertion that there are grounds for retrial under Article 451 (1) 6 and 9 of the Civil Procedure Act in the judgment subject to a retrial.

B. (1) As to the ground for retrial under Article 451(1)6 of the Civil Procedure Act, Article 451(1)6 of the Civil Procedure Act provides that “when documents or other articles used as evidence for judgment have been forged or altered,” the grounds for retrial are stipulated as follows. Article 451(2) of the Civil Procedure Act provides that “In cases falling under Article 451(1)4 through 7 of the Civil Procedure Act, where a judgment of conviction or judgment of imposition of a fine for negligence becomes final and conclusive or a judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence, a lawsuit for retrial may be brought only when a final and conclusive judgment of conviction

Therefore, in order to claim a ground for a retrial under Article 451(1)6 of the Civil Procedure Act, the grounds for retrial should be asserted and proved together with the fulfillment of the requirements under Article 451(2) of the Civil Procedure Act, except for such grounds for retrial. Article 451(1)4 through 7 of the Civil Procedure Act without satisfying the requirements.