1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the Plaintiff (Plaintiff).

purport, purport, ..

1. On July 19, 2011, the Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for the claim for joint and several surety payment with the Ulsan District Court Decision 2010Da77418, and the Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim.

Accordingly, the Plaintiff filed an appeal with the Ulsan District Court 201Na4780, but this Court rendered a ruling dismissing the Plaintiff’s appeal on December 29, 201 (hereinafter “the ruling on review”).

In other words, the Plaintiff appealed by Supreme Court Decision 2012Da7779, but was dismissed, which became final and conclusive on April 12, 2012.

2. Determination as to the request for retrial

A. The Plaintiff’s assertion that “The Defendant jointly and severally guaranteed the Defendant’s loan obligation to the Plaintiff, and the Defendant, as a joint and several surety, is obligated to pay the remainder of the loan not paid by C to the Plaintiff. Nevertheless, as the judgment subject to a retrial was omitted by the Plaintiff’s determination on the foregoing assertion, the Plaintiff’s ground for retrial under Article 451(1)9 of the Civil Procedure Act exists.”

B. Except for a suit for a retrial filed on the grounds of defects in the right of representation in judgment or the matters stipulated in Article 451(1)10 of the Civil Procedure Act, if five years have passed after the judgment became final and conclusive, a suit for retrial cannot be filed (Articles 457 and 456(3) of the Civil Procedure Act). It is apparent in the record that the suit for retrial in this case was filed on April 12, 2012, which was the date on which the judgment for retrial became final and conclusive, and it is obvious that the suit in this case was filed on June 9, 2017, which was the date on

3. 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.