1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the defendant.

purport.

1. On June 23, 2013, the Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for the performance of its surety obligations by asserting that the Defendant guaranteed the Defendant’s obligation under the subcontract against the Plaintiff, as Suwon District Court Branch Branching 2013Kahap6540.

On September 24, 2013, the above court rendered a judgment that accepts all the plaintiff's claims (hereinafter "the judgment on review") and the above judgment was served on the defendant by public notice on September 24, 2014 and became final and conclusive on October 11, 2013.

2. Summary of the Defendant’s assertion on the grounds for a retrial: (a) the phrase “payment guarantee” and the first payment guarantee in the standard subcontract for construction works, which the instant judgment subject to a retrial is based on the determination of the judgment subject to a retrial, are a forged document in which the Defendant was not prepared

Therefore, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act.

② The Plaintiff, while having known the Defendant’s residence at the time of the instant lawsuit regarding the instant judgment subject to a retrial, was served by public notice on the sole ground that he was well aware.

Therefore, there are grounds for retrial under Article 451(1)11 of the Civil Procedure Act.

3. Determination

A. As to the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, Article 451(2) of the Civil Procedure Act provides, “The grounds for a retrial may be instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final in the case of paragraph (1)4 through 7, or when a final judgment of conviction or a final judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.” Article 451(2) of the Civil Procedure Act provides that “The requirements of Article 451(2) of the Civil Procedure Act are to prevent the harm of the remaining lawsuit, and if the requirements of Article 451(2) are not satisfied, the lawsuit for retrial based on the pertinent reasons are illegal.