대여금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Although a court of determination as to the legitimacy of a lawsuit for retrial of this case had been dismissed and confirmed through several times for the same reason, it is obvious that the same request for retrial has not been accepted by law would result in bullying against the other party, and further, it would be unnecessary to expend the judicial personnel. Therefore, such a lawsuit may not be permitted as abuse of power, barring any special circumstance (see, e.g., Supreme Court Decision 2005Da303, Nov. 10, 2005). Thus, it is evident that the plaintiff filed a lawsuit for retrial of this case against the judgment subject to retrial (see, e.g., Busan District Court Decision 95Da141, Busan District Court Decision 2003Na167, Busan District Court Decision 204Na167, Busan District Court Decision 2007Na83, Busan District Court Decision 2008Na59, Busan District Court Decision 2017Na6727, Jun. 1, 2017).
Therefore, there is no special circumstance that the Plaintiff filed a lawsuit in the instant case and should have the right to protection. Thus, the lawsuit in the instant case constitutes an abuse of the right to file a lawsuit, and thus, the lawsuit cannot be allowed.
2. In conclusion, the lawsuit of this case is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.