1. Revocation of the first instance judgment.

2. The litigation of this case shall be dismissed.

3. The total cost of the litigation for retrial.

1.The following facts shall be apparent in the records or significant to this Court:

The Plaintiff filed a lawsuit against the Defendant with the Gwangju District Court 2009 Ghana192478 stating that “the Defendant shall pay 11,00,000 won jointly and severally with C, D, and E as well as 5% per annum from February 1, 2008 to June 15, 2010, and 20% per annum from the next day to the date of full payment.” The said court sentenced the Defendant for the claimant on June 18, 2010, and the said judgment became final and conclusive on July 9, 2010.

(hereinafter “instant judgment subject to a retrial”). 2. Whether there exists a ground for retrial

A. The Plaintiff’s assertion that the judgment subject to a retrial was based on a loan certificate that F altered by the F (No. 4; hereinafter “the instant loan certificate”), and there is a ground for retrial under Article 456(1)6 of the Civil Procedure Act.

B. Article 451(1)6 of the Civil Procedure Act provides that “When a document or any other article used as evidence for a judgment has been forged or altered,” the grounds for retrial may be prescribed as follows. Article 451(2) of the Civil Procedure Act provides that “If a judgment of conviction or a judgment of imposition of a fine for negligence becomes final for an act subject to punishment in cases falling under subparagraphs 4 through 7 of paragraph (1), or if a final judgment of conviction or a final judgment of imposition of a fine for negligence cannot be rendered for reasons other than shortage of evidence, a lawsuit

Therefore, in order to claim the grounds for a retrial under Article 451(1)6 of the Civil Procedure Act, it is necessary to prove that the requirements under Article 451(2) of the Civil Procedure Act have been met. A lawsuit seeking a retrial under Article 451(1)6 of the Civil Procedure Act is unlawful without satisfying the requirements under Article 451(2) of the Civil Procedure Act.

Therefore, there is no need to further determine whether there is a ground for retrial under Article 451(1)6 of the Civil Procedure Act.