The action for retrial shall be dismissed.

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

The grounds for request for retrial shall be examined.

Article 451(2) of the Civil Procedure Act provides that “A lawsuit may be brought in a retrial only when a judgment of conviction or a judgment on the imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment on conviction or the imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence in the case of subparagraphs 4 through 7 of paragraph (1).

Therefore, in order to claim the grounds for a retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the grounds for a retrial, other than such grounds for a retrial, should be asserted and proved together that the requirements under Article 451(2) of the Civil Procedure Act have been met. The lawsuit for a retrial that asserts the grounds for a retrial under Article 451(1)4 through 7 of the Civil Procedure

(1) Article 451(1)5 through 7 of the Civil Procedure Act provides that “The grounds for retrial under Article 451(1) of the Civil Procedure Act exist since a contract, receipt, etc., which forms the basis for determining the judgment subject to retrial was forged or altered.” However, there was a final and conclusive judgment of conviction in relation to the aforementioned assertion.

There is no evidence to acknowledge that there was a circumstance that a final judgment of conviction was impossible due to lack of evidence or for reasons other than lack of evidence, the instant lawsuit for retrial is unlawful.

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