1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On August 29, 2013, the Plaintiffs filed a lawsuit against the Defendants with the Chuncheon District Court to the effect that “Defendant C acquired KRW 410 million from the Plaintiffs, and Defendant D participated in this part, and thus, the Plaintiffs are liable for damages or obligation to return unjust enrichment against the Plaintiffs, and Defendant E shall be liable for the employer’s damages as Defendant D’s employer.”

(Court 2013 Gaz. 11655). (b)

On June 25, 2014, the foregoing court rendered a ruling to dismiss all claims filed by the Plaintiffs against the Defendants on June 25, 2014. The Plaintiffs appealed, but this court dismissed all appeals filed by the Plaintiffs on June 26, 2015 (see, e.g., Supreme Court Decision 2014Na3843, Sept. 26, 2015). While the Plaintiffs appealed against this, the Supreme Court dismissed all appeals filed by the Plaintiffs on October 29, 2015 (see, e.g., Supreme Court Decision 2015Da44380), the said ruling became final and conclusive

2. The Plaintiffs’ ground for retrial is that there is a ground for retrial under Article 451(1)7 of the Civil Procedure Act, since the Plaintiffs’ ground for retrial was based on the fact-finding based on the witness F, G’s false testimony or false fact-finding statement regarding F’s preparation as evidence.

3. Determination

A. Article 451(1)7 of the Civil Procedure Act provides that “when the false statement by a witness, expert witness, or interpreter or the false statement by a party or legal representative under an examination of the party concerned becomes evidence of a judgment” is a ground for retrial.

Meanwhile, in the case of paragraph (1) 4 through 7 of the same Article, "only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be made for reasons other than lack of evidence, a lawsuit for retrial may be filed."