1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The Supreme Court Decision 2010Da19791 Decided Ulsan District Court Decision 2010Da19791 Decided the defendant's assertion of the defendant (hereinafter "the defendant") against the plaintiff in Busan District Court Decision 95Da14506 decided on the loan case, and the decision subject to a retrial dismissing the defendant's appeal was falsely made in the course of pleadings that the plaintiff did not pay the loan to the defendant, even though the plaintiff did not pay the loan to the defendant, and the decision subject to a retrial, which was dismissed by the defendant, was made in a false manner, and thus dismissed the defendant's appeal even if the defendant's statement that the defendant received the loan from the plaintiff was null and void, it constitutes grounds for a retrial under

2. The grounds cited by the Plaintiff as the grounds for retrial of this case are merely that the instant judgment subject to retrial did not recognize the Plaintiff’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.