1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent as to the existence of the judgment subject to a retrial:

On May 8, 2007, the Plaintiff filed a lawsuit of demurrer against the Defendant by this Court No. 2007da7446, and sentenced the same judgment as stated in the above purport of the claim in the above court.

B. Accordingly, the defendant appealed to this court 2007Na1890, and the court of the first instance prior to the retrial sentenced on May 29, 2008 that "the defendant's appeal is dismissed."

C. In other words, the Defendant appealed by Supreme Court Decision 2008Da42669, but on September 11, 2008, the appeal was dismissed, and the judgment of the court before the retrial became final and conclusive.

After that, although the defendant filed a lawsuit for a retrial against the judgment of the court before the above retrial as the court 2008Na113, the judgment dismissing the lawsuit was rendered on February 11, 2010, and the judgment subject to a retrial became final and conclusive as it was by the defendant's failure to file a final appeal.

2. The defendant's assertion is a separate claim from the loan of Ulsan District Court Decision 94Da60052, Busan District Court Decision 95Na3692, the loan of Busan District Court Decision 95Da47565, the loan of this Court Decision 95Da47466, the first instance court's decision (this Court Decision 2007Na74466) accepted the plaintiff's claim with the same claim, and the appellate court's decision (this Court Decision 2007Na1890) dismissed the defendant's appeal. Although the defendant filed a lawsuit for retrial, the defendant dismissed the lawsuit for retrial on the ground that the judgment subject to retrial (this Court Decision 2008Na113) does not constitute a ground for retrial under each subparagraph of Article 451 (1) of the Civil Procedure Act, and it is erroneous in the misapprehension of the judgment, which affected the conclusion of the judgment.

3. We examine the judgment, and the reason why there is a deviation from the judgment subject to a retrial or the previous judgment subject to a retrial is the judgment subject to a retrial.