1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The defendant's assertion against the plaintiff in Busan District Court Decision 95Gau14506, Busan District Court Decision 2010Kadan19791, which rejected compulsory execution based on the decision of the loan case, and the decision subject to a retrial that dismissed the defendant's appeal was falsely made in the course of pleadings that the plaintiff paid the loan to the defendant even though the plaintiff did not pay the loan to the defendant, and even though the defendant prepared that the loan was paid by the plaintiff, the decision subject to a retrial that dismissed the defendant's appeal is null and void, and thus, the defendant's appeal is dismissed. Thus, the ground for retrial under Article 451(1)9

2. The grounds cited by the Defendant as the grounds for retrial of the instant case are merely that the instant judgment subject to retrial did not recognize the Defendant’s assertion, and does not constitute “when the judgment was omitted on important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act.

3. As the instant lawsuit for retrial is unlawful, it is so decided as per Disposition by the assent of all participating Justices on the bench.