The request for retrial is dismissed.

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

The grounds for request for retrial shall be examined.

1. In order to file a lawsuit for a retrial against a judgment of the court of final appeal, the litigation proceedings or judgment of the court of final appeal must have the grounds provided in each subparagraph of Article 451(1)

The court of final appeal shall not hold a position of fact-finding unless it is a matter of ex officio investigation, but it is only the determination of evidence and the legitimacy of fact-finding by the second instance court which is a fact-finding court, and the facts duly confirmed by the fact-finding

Therefore, as to the forgery and alteration of the documentary evidence under Article 451 (1) 6 of the Civil Procedure Act, the grounds for fact-finding itself, as long as it does not relate to the matters to be examined ex officio, shall not be considered as a ground for retrial against the judgment of the court of final appeal.

(see, e.g., Supreme Court Decision 2011Da885, Jun. 14, 2012). In this case, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act of the Defendant (Plaintiffs for Retrial) do not relate to the fact-finding as to the matters to be examined ex officio in the final appeal, and thus, cannot be a legitimate ground for retrial.

2. Defendant (Plaintiff) asserts to the effect that there is a ground for a retrial of “when omitting a judgment on important matters that may affect the judgment” as provided by Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial. However, the argument on the ground for appeal as to the ground for a retrial constitutes a ground for a retrial under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and dismissing an appeal without further deliberation. Thus, it cannot be said that there was omission of judgment on important matters

(see, e.g., Supreme Court Decision 2007Du301, Jun. 26, 2008). This part of the assertion by the Defendant (Plaintiff) is without merit.

3. Therefore, the 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.