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The request for retrial is dismissed.
The litigation costs for retrial shall be borne by the plaintiff.
Reasons
The grounds for request for retrial shall be examined.
1. In order to file a lawsuit for a retrial against a judgment of the court of final appeal, the litigation proceedings or judgment of the court of final appeal must have the grounds provided in each subparagraph of Article 451(1)
The court of final appeal shall not hold a position of fact-finding unless it is a matter of ex officio investigation, but it is only the determination of evidence and the legitimacy of fact-finding by the second instance court which is a fact-finding court, and the facts duly confirmed by the fact-finding
Therefore, the facts related to the forgery and alteration of the documentary evidence under Article 451 (1) 6 of the Civil Procedure Act are related to the forgery and alteration of the documentary evidence under Article 451 (1) 7 of the Civil Procedure Act, or as to the false statement of a party or legal representative under the newspaper of the party concerned, the grounds for fact-finding itself, unless it relates to the matters to be examined ex officio, shall not
(see, e.g., Supreme Court Decision 2014Da1353, Feb. 12, 2015). The Plaintiff (hereinafter “Plaintiff”) forged the signature of medical record by the Defendant (Defendant). The Plaintiff asserted that there was a ground for retrial under subparagraphs 6 and 7 of Article 451 of the Civil Procedure Act in the judgment subject to a retrial based on a false appraisal by the appraiser. However, in light of the aforementioned legal principles and records, the foregoing argument is not related to the fact-finding on the matters subject to ex officio examination by the Supreme Court, and thus, it cannot be a legitimate ground
2. Next, the Plaintiff asserts that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial. However, insofar as the assertion on the ground for appeal on the judgment subject to a retrial falls under a ground for rejection of a trial under Article 451(1)9 of the Act on Special Cases Concerning the Procedure for Appeal, the judgment subject
(see, e.g., Supreme Court Decision 2008Da502, Feb. 12, 2009). 3. Therefore, the request for retrial is dismissed.