The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the defendant.

The grounds for request for retrial shall be examined.

The gist of the grounds for the request for retrial lies in the grounds for retrial under Article 451(1)6, 7 (when false statements by a witness, appraiser, or interpreter, or when false statements by a party or legal representative by a party examination, or when false statements by a party or legal representative have become evidence of the judgment) and 9 (when judgment was omitted on important matters that may affect the judgment) of the Civil Procedure Act in the judgment subject to retrial.

First of all, for the grounds for retrial under Article 451(1)6 and 7 of the Civil Procedure Act to be recognized, it should be recognized that a judgment of conviction or a judgment of imposition of a fine for negligence was finalized, or a final judgment of conviction or imposition of a fine for negligence cannot be made for reasons other than lack of evidence.

(Article 2 of the same Act). However, the data submitted by the defendant (Plaintiff) alone cannot be acknowledged as having any such circumstance, and there is no other evidence to acknowledge it.

Furthermore, examining the grounds for appeal on the grounds under Article 4 (9) of the Act, insofar as the judgment subject to a retrial is deemed to fall under the grounds for non-trial trial under Article 4 of the Act on Special Cases concerning the Procedure for Appeal, and the appeal is dismissed without further deliberation, the judgment on important matters that may affect the judgment cannot be deemed to have been omitted

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the filing of a request for retrial, thereby failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.