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

purport, purport, ..

A. Progress of the previous lawsuit - The defendant filed a lawsuit against the plaintiff claiming a loan of 230,00 won and damages for delay from December 5, 1985 against the loan of 230,000 won and damages for delay, but was ruled against the defendant on the ground that there is no evidence to acknowledge the defendant's assertion. The judgment is finalized (Seoul District Court Decision 94Da60052, Busan District Court 95Na3692, Supreme Court 95Da475655, decided on July 14, 2006). - The defendant filed a request for a retrial with the above final judgment erroneous and conclusive judgment, but all of it is dismissed or dismissed. - The defendant filed a lawsuit seeking payment of the loan of 230,000 won and damages for delay from December 5, 1985 with the Ulsan District Court 206Da63283, Jun. 20, 2006, the court made the decision of performance recommendation as mentioned above.

The judgment subject to retrial - The plaintiff has already been ruled against the defendant as to the same purport of claim and cause, and the plaintiff filed a lawsuit of demurrer to refuse compulsory execution based on the execution recommendation decision of July 14, 2006 with the Ulsan District Court 2007Ma7446 (the first instance court of this case) and the same court accepted the plaintiff's claim on May 8, 2007. The appellate court dismissed the defendant's appeal on May 29, 2008 (Ulsan District Court 2007Na1890), and the defendant filed a second appeal, but the defendant again dismissed the appeal on September 11, 2008 (Supreme Court 2008Da42669).

A. The Defendant asserts that there exists a ground for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial, since the Plaintiff made a false statement in the case No. 94 Ghana6052 and rendered a judgment favorable to the Plaintiff, which is different from the substantive truth.

B. Lawsuits for retrial.