1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The Plaintiff, which became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for a loan claim with the Ulsan District Court 2016Gaso7558, and the Ulsan District Court rendered a judgment dismissing the remainder of the claims on July 19, 2016.

Accordingly, the Plaintiff filed an appeal with the Ulsan District Court 2016Na3096, but the above court revoked the first instance judgment on July 5, 2017 and rendered a judgment dismissing the Plaintiff’s lawsuit (hereinafter “the subject judgment of review”).

On July 17, 2017, the decision subject to a retrial became final and conclusive on the grounds that the Plaintiff did not appeal.

2. Inasmuch as a lawsuit on a retrial on the final and conclusive judgment that became final and conclusive as to the lawfulness of the lawsuit in this case is permitted only where there exist grounds stipulated under each subparagraph of Article 451(1) of the Civil Procedure Act, the lawsuit on retrial is unlawful where the

(See Supreme Court Decision 82Da14 delivered on September 14, 1982, etc.). However, the main purport of the Plaintiff’s assertion is to mislead the determination of the judgment subject to a retrial, which does not constitute grounds for retrial under each subparagraph of Article 451(1) of the Civil Procedure Act.

3. As such, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.