The action for retrial shall be dismissed.

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

The gist of the grounds for the instant petition for retrial is that there are grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to retrial.

However, the court of final appeal is merely to determine the legitimacy of the determination of evidence and the fact-finding conducted by the second instance court which is a fact-finding court, and the facts duly established by the fact-finding court are bound by the court of final appeal. As such, among the grounds for final appeal, the facts related to the fact-finding itself among the grounds for final appeal, for example, the forgery or alteration of the documentary evidence under Article 451(1)6 of the Civil Procedure Act, or the false statement under Article 451(1)7

(1) The Plaintiff’s ground for retrial cannot be a legitimate ground for retrial as to the judgment subject to a retrial, which is the final appeal, is unlawful, since the Plaintiff’s ground for retrial cannot be a legitimate ground for retrial as to the judgment subject to a retrial.

Therefore, by the assent of all participating Justices, the lawsuit for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition.