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 damages claim against the Ulsan District Court 2009 Ghana34798, but was sentenced to the dismissal judgment on December 24, 2009, and appealed as the Ulsan District Court 2009Na4701, but was sentenced to the dismissal judgment on February 11, 2010 (hereinafter “instant judgment subject to a retrial”). The fact that the said judgment became final and conclusive on March 9, 2010 due to the Plaintiff’s failure to file an appeal is obvious or obvious in this court’s records.

2. Determination on the legitimacy of the litigation for retrial of this case

A. On August 14, 1987, the Plaintiff asserted that there was a ground for retrial against B, who filed a lawsuit against B on the loan claim No. 87 Ghana 1201 with the Busan District Court.

On February 5, 1988, B appealed as Busan District Court 87Na921, which revoked the judgment of the first instance court and dismissed the plaintiff's claim.

The plaintiff appealed to this Supreme Court Decision 88Da1059, but the above judgment became final and conclusive on the same day on May 10, 1988.

(2) The judgment of the court below that dismissed the plaintiff's claim for damages against the defendant is based on the grounds for retrial under Article 451 (1) 7 and 9 of the Civil Procedure Act, and Article 451 (1) 9 of the Civil Procedure Act. The judgment of the court below that dismissed the plaintiff's claim for damages against the defendant is justified. The judgment of the court below that dismissed the plaintiff's claim for damages against the defendant is justified, and there is a ground for retrial under Article 451 (1) 7 and 9 of the same Act.

B. A lawsuit for retrial shall be brought within 30 days from the date a judgment becomes final and conclusive and the grounds for retrial are known.