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

2. The costs of the review shall be borne by the plaintiff.

1. The plaintiffs asserts that there are grounds for retrial as follows in the judgment subject to a retrial. A.

Article 451(1)6 of the Civil Procedure Act states that “A” No. 15-9 of the evidence submitted by the Plaintiffs as evidence after being issued by the Defendant is indicated as “the deceased H” (hereinafter “the deceased”). However, in fact, the date and time when the relevant inspection is printed out as the inspection seal of another person is also indicated as September 4, 2004.

Therefore, since evidence No. 15-9 of the defendant delivered to the plaintiffs and presented as evidence was forged, there is a ground for retrial when the documents and other articles constituting evidence for the judgment subject to retrial under Article 451(1)6 of the Civil Procedure Act were forged or altered.

B. Article 451(1)9 of the Civil Procedure Act states that ① the Defendant in the process of a judgment subject to a retrial, ① a blood transfusion control negligence after an operation, ② a negligence of erroneous determination as to whether it is possible to conduct a surgery on both sides, ③ a violation of the duty to explain persons with special risks in both sides slurging, ④ a violation of the duty to explain on electric power resource measures, ⑤ a violation of the duty to explain in order to give the Deceased an opportunity to choose an appropriate operating method prior to an operation, but the judgment subject to a retrial was omitted.

Therefore, there are grounds for retrial falling under the judgment subject to a retrial under Article 451(1)9 of the Civil Procedure Act, “when the judgment was omitted on important matters that may affect the judgment.”

2. Determination on the legitimacy of the grounds for retrial

A. Article 451(1)6 of the Civil Procedure Act provides that “when documents and other articles used as evidence for judgment have been forged or altered,” as one of the grounds for retrial under Article 451(1)6 of the Civil Procedure Act, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act shall be punished pursuant to Article 451(2) of the Civil Procedure Act.