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:

The Plaintiff filed a lawsuit against the Defendant for a loan claim with the Incheon District Court Branch Decision 2012 Ghana6446, and the said court rendered a judgment dismissing the Plaintiff’s claim on February 22, 2013.

B. The Plaintiff appealed to the foregoing judgment by the Incheon District Court 2013Na5978, but on September 25, 2014, the judgment dismissing the Plaintiff’s appeal (hereinafter “the judgment on review”) was rendered.

C. On October 2, 2014, the Plaintiff served an original copy of the judgment subject to a retrial and appealed by Supreme Court Decision 2014Da73350, but the Supreme Court dismissed the appeal on January 15, 2015, and the said judgment subject to a retrial became final and conclusive on the same day.

2. Determination on the lawfulness of the litigation for retrial of this case

A. Although the Plaintiff alleged that he lent KRW 15 million to the Defendant in the judgment subject to a retrial, the Plaintiff’s assertion was changed, the Plaintiff did not assert that he lent KRW 15 million to the Defendant, or there was no change in its assertion. The instant judgment subject to a retrial is limited to the Plaintiff’s filing of an application for resumption of pleadings, by proving that additional evidence, such as financial transactions, is necessary. As such, the instant judgment subject to a retrial constitutes grounds for retrial falling under Article 451(1)6 of the Civil Procedure Act, “when documents and other items supporting the judgment are forged or altered,” and Article 451(1)9 of the same Act “when the judgment subject to a retrial contains grounds for retrial.”

B. Article 451(1)6 of the Civil Procedure Act provides that the grounds for retrial under Article 451(1)6 of the same Act provides that “when the documents and other articles, which served as evidence for the judgment, have been forged or altered,” and Article 451(2)6 of the same Act provides that “in the case of Article 451(1)6, a judgment of conviction or a judgment of imposition of fine shall be rendered against the act subject to punishment