1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Following the conclusion of the judgment subject to review is clear in records or obvious to this court.

The Plaintiff filed a lawsuit against the Defendants as Busan District Court Decision 2005Kadan11028, and the court of first instance rendered a judgment dismissing the remainder of the claims on July 26, 2007.

B. The Plaintiff appealed against the judgment of the first instance court as Busan District Court 2007Na11757, but the above court rendered a judgment dismissing the Plaintiff’s appeal on January 11, 2008 (hereinafter “the judgment on review”).

The plaintiff appealed against the judgment of the appellate court, but on April 14, 2008, the above appeal was dismissed by Supreme Court Decision 2008Da12583, which became final and conclusive on April 17, 2008.

C. On August 7, 2017, the Plaintiff filed a lawsuit seeking a retrial on the instant judgment subject to a retrial.

2. Summary of the plaintiff's assertion

A. Although D’s witness of the first instance court around June 3, 200 referred to “the fact that he borrowed KRW 13 million from the Plaintiff,” he made a false statement contrary to memory. Since the judgment subject to a retrial was based on the false statement of D’s witness of the first instance court, there exist grounds for retrial under Article 451(1)7 of the Civil Procedure Act.

B. Although there is sufficient evidence to acknowledge that the Plaintiff directly lent KRW 30 million to the Defendants, the judgment subject to a retrial recognized that the Plaintiff lent KRW 26 million to the Defendants.

Therefore, the judgment subject to a retrial was erroneous by misapprehending the judgment on the remaining 4 million won (the 3 million won on February 1, 2000, the 600 million won on March 27, 200, the 250 thousand won on March 31, 200, and the 150,000 won on April 27, 200) that the Plaintiff directly lent to the Defendants.

3. Determination

A. A lawsuit for a retrial on the first assertion shall be brought within 30 days from the date the relevant party becomes aware of the grounds for retrial after the judgment became final and conclusive (Article 456(1) of the Civil Procedure Act), and where the grounds for retrial have arisen after the final and conclusive judgment became final and conclusive, a lawsuit for retrial shall be brought after five