1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. On June 8, 2006, the court rendered a judgment accepting the Plaintiff’s claim (hereinafter “instant judgment subject to a retrial”) by deeming that the Defendant had led to the confession of the Plaintiff’s assertion in accordance with Article 150(3) of the Civil Procedure Act, and the above judgment became final and conclusive on July 25, 2006, is significant in this court.

2. Defendant’s ground for retrial

A. Since the instant judgment subject to a retrial was served on F and K, who is not the representative director of the Defendant, and the judgment of deemed confession was rendered when the Defendant was unable to actually conduct a procedural act, there were grounds for retrial under Article 451(1)3 of the Civil Procedure Act.

B. Since a construction waiver statement, power of attorney, certificate of personal seal impression, employee identification, and confirmation document, which are documents supporting the instant judgment subject to a retrial, were forged by the Plaintiff’s side or F, there exists grounds for retrial under Article 451(1)6 of the Civil Procedure Act, and this constitutes a case where a final judgment of conviction cannot be rendered for reasons other than lack of evidence.

C. As the instant judgment subject to a retrial omitted a determination on important matters that could affect the judgment by recognizing the rescission of the contract, even though the construction work had already been completed, there exist grounds for retrial under Article 451(1)9 of the Civil Procedure Act.

Article 451(1)11 of the Civil Procedure Act provides that an original copy of the judgment shall be served by means of service by publication, stating false addresses at the time of correcting the address, even though the Plaintiff knows the Defendant’s address.

3. Determination

A. The res judicata of a judgment of the first lawsuit that determined the grounds for a retrial under Article 451(1)3 of the Civil Procedure Act is based on the defects in the requirements of lawsuit established in that judgment.