1. Of the lawsuits for retrial of this case, the part on which grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act are asserted.

1. Determination of the original judgment

A. On June 30, 2015, the first instance court rendered a ruling to dismiss the Plaintiff’s claim, and the Plaintiff appealed against this, but the appellate court rendered a ruling to dismiss the Plaintiff’s appeal on December 4, 2015 (hereinafter “the judgment on review”).

B. Although the Plaintiff filed an appeal against the judgment subject to a retrial, on April 28, 2016, the court of final appeal dismissed the appeal on the grounds that the Plaintiff’s grounds of final appeal does not constitute permissible grounds for final appeal under the Trial of Small Claims Act, thereby becoming final and conclusive.

[Reasons for Recognition]: Clear facts and records that are obvious to this Court.

2. Determination on the grounds for retrial

A. Article 451(1)6 and 7 of the Civil Procedure Act (i.e., medical records, etc. presented by the Defendant’s false testimony as evidence, and the Plaintiff asserted that there exist grounds for retrial as stipulated in Article 451(1)6 and 7 of the Civil Procedure Act in the judgment subject to a retrial on the grounds that false testimony

Article 451(2) of the Complemented Civil Procedure Act provides that “A lawsuit for retrial may be brought only when a judgment on a crime of oil or a judgment on a fine for negligence has become final and conclusive, or a final and conclusive judgment on a conviction or a fine for negligence cannot be made for reasons other than lack of evidence.”

Therefore, if the requirements under Article 451(1)6 and 7 of the Civil Procedure Act are not met with respect to the grounds for retrial under Article 451(1)6 and 7, the lawsuit for retrial is unlawful and ought to be dismissed without examining the existence of the grounds for retrial.

(See Supreme Court Decision 88Meu29658 delivered on October 24, 1989). Article 451(1)6 and 7 of the Civil Procedure Act concerning the grounds for retrial as asserted by the Plaintiff was “a final and conclusive judgment of conviction or fine for negligence” under Article 451(2) of the Civil Procedure Act regarding the grounds for retrial as alleged by the Plaintiff.

for reasons other than lack of evidence.