1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. Confirmation, etc. of the judgment subject to review

A. On May 1, 2014, the Plaintiff filed a lawsuit against the Defendant on February 11, 2010 against the Plaintiff seeking the payment of the unpaid amount of KRW 100 million and its interest that the Plaintiff lent to the Defendant.

B. In filing a lawsuit against the Defendant, the Plaintiff stated “Y” at the Defendant’s address, and this court served a duplicate of the complaint on the address indicated in the complaint, but was not served on May 26, 2014 by the addressee’s unknown address.

C. Accordingly, on June 17, 2014, according to the correction order of this court, the Plaintiff filed an application for re-service and special service by stating that his/her domicile is identical to his/her domicile on the Defendant’s resident registration, along with an abstract of the Defendant’s resident registration. This court served a copy of the complaint on the above domicile, but did not serve the copy of the complaint on June 20, 2014 as the director’s unknown.

Ultimately, on July 9, 2014, a notice of complaint and the date of pleading against the Defendant was served by public notice, and this Court rendered a judgment in favor of the Plaintiff in full. The original copy of the judgment subject to review was served on the Defendant by public notice on August 19, 2014, and became final and conclusive on September 2, 2014.

E. On May 25, 2017, the Defendant filed a petition for review of the instant case. During the proceeding, the Intervenor succeeding to the Plaintiff filed an application for intervention in the instant lawsuit on the grounds that the Plaintiff had transferred his claim pursuant to the judgment subject to review from the Plaintiff, and the Plaintiff withdrawn from the instant lawsuit with the Defendant’s consent.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. Determination as to whether the defendant's grounds for retrial are admitted

A. The grounds for a retrial under Article 451(1)11 of the Civil Procedure Act (hereinafter “the grounds for retrial”) are as follows: “When a party is well aware of the other party’s address or residence, or files a lawsuit by falsity.”