1. The lawsuit of this case shall be dismissed.

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

purport, purport, and.

1. Facts of recognition;

A. The Plaintiff filed a lawsuit of demurrer against the Defendant by the Ulsan District Court 2007Kadan7446, and was sentenced to the Plaintiff’s winning judgment (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. Afterwards, the Defendant appealed the instant judgment subject to reexamination by the Ulsan District Court 2007Na1890, but was sentenced to the dismissal judgment. The Defendant appealed the said dismissal judgment by the Supreme Court 2008Da42669, but the said dismissal judgment became final and conclusive on September 12, 2008, upon being sentenced to the dismissal of appeal.

[Ground of recognition] Facts without dispute, purport of whole pleading

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

A. The defendant's assertion that the judgment of this case was erroneous and thus the defendant did not receive all loans from the plaintiff, and thus, the defendant judged that the defendant was paid all the loans. Thus, the defendant's decision of this case subject to retrial contains grounds for retrial under Article 451 (1) 7 of the Civil Procedure Act, stating that the judgment of this case constitutes "when the false statement of a witness, appraiser, or interpreter or when the false statement by the party or legal representative by the party or by the party or the party's questioning was proved as evidence of the judgment," and "when the judgment of this case was omitted on important matters that may affect the part of the judgment" under Article 4

B. (1) If five years have passed after the judgment became final and conclusive, a lawsuit for retrial is not to be instituted (Article 456(3) of the Civil Procedure Act). Since it is apparent in the record that the defendant filed a lawsuit more than five years after the judgment subject to retrial of this case became final and conclusive, the lawsuit for retrial of this case is unlawful.

(2) The grounds cited by the Defendant as the grounds for retrial of this case are merely that the judgment subject to retrial of this case did not admit the Defendant’s assertion, and it constitutes grounds for retrial under Article 451(1)9 of the Civil Procedure Act.