1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. The following facts are apparent as to the existence of the judgment subject to a retrial:

On May 8, 2007, the Plaintiff filed a lawsuit of demurrer against the Defendant by this Court No. 2007da7446, and sentenced the same judgment as stated in the above purport of the claim in the above court.

B. Accordingly, the defendant appealed to this court 2007Na1890, and the court of the first instance prior to the retrial sentenced on May 29, 2008 that "the defendant's appeal is dismissed."

C. In other words, the Defendant appealed by Supreme Court Decision 2008Da42669, but on September 11, 2008, the appeal was dismissed, and the judgment of the court before the retrial became final and conclusive.

After that, although the defendant filed a lawsuit for a retrial against the judgment of the court prior to the above retrial by the court 2008Na113, on February 11, 2010, the judgment dismissing the lawsuit for retrial was sentenced to a judgment subject to retrial (the judgment subject to retrial) and the above judgment became final and conclusive as it is.

E. After that, the Defendant filed a lawsuit for a retrial against the judgment subject to a retrial by this Court 2010Na48, but on December 16, 2010, the judgment dismissing the lawsuit for a retrial was rendered on the grounds that the Defendant did not file an appeal, and the said judgment subject to a retrial became final and conclusive as it became final and conclusive.

2. The defendant's assertion is a separate claim that is separate from the claim of the loan case of Ulsan District Court 94Da60052, Busan District Court 95Na3692, the loan case of Busan District Court 95Da47565, and the loan case of Supreme Court 95Da47565, which is the first instance court's judgment (this court 2007Gadan74466). The judgment prior to the retrial (this court 2007Na1890) rejected the defendant's appeal.

Therefore, although the defendant filed a lawsuit for retrial, the judgment subject to retrial (this Court Decision 2008 Jaena113) declared that the defendant dismissed the lawsuit for retrial, and the defendant is subject to the above judgment for retrial.