Text
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
Facts subsequent to the final judgment subject to retrial are significant or obvious in records in this court.
On January 26, 2016, the Plaintiff filed a lawsuit to confirm the existence of the obligation against the Defendant by the District Court Decision 2014Da44529, and rendered a judgment citing all the claims of the Plaintiff on January 26, 2016.
(1) On December 9, 2016, the court below rendered a judgment dismissing the Defendant’s appeal against the judgment of the court of first instance as the District Court 2016Na51126.
(Re-deliberation Decision). The Plaintiff’s appeal against the judgment subject to a retrial was filed by Supreme Court Decision 2017Da205660, but the final appeal was dismissed on April 13, 2017 due to the trial failure, and thereafter the judgment subject to a retrial became final and conclusive on April 17, 2017.
The summary of the defendant's request for retrial F and G have presented perjury in all cases subject to review.
In particular, the witness F, after having contacted the perpetrator D in advance, issued a perjury.
The motion picture produced by the plaintiff as evidence is not intentionally sent by the police station but intentionally damaged by the plaintiff, and the full bench of the decision subject to a retrial can be fully aware that there is a problem in the motion picture, but wrong judgment was made.
Therefore, there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial.
The grounds for retrial under Article 451(1)6 of the Civil Procedure Act regarding the lawfulness of a suit for retrial of this case refers to “when documents and other articles used as evidence of the judgment have been forged or altered.” The grounds for retrial under Article 451(1)7 refers to “when the false statement by a witness, expert witness, interpreter, or the false statement by a party or legal representative by the party’s examination becomes evidence of the judgment”
On the other hand, Article 451 (2) of the Civil Procedure Act provides that "in the case of paragraph (1) 4 through 7, when a judgment of conviction or a judgment of a fine for negligence has become final and conclusive, or for reasons other than lack of evidence.