1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, with the exception that the part from the seventh to the tenth to the fifth to the fifth to the same fifth to the same third to the second to the same third to the following part among the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 1 used in the court below's decision is not allowed to new arguments or defenses arising out of the grounds that could have been submitted prior to the closing of argument in the court of fact-finding proceedings, but to the tenth to the fifth to the tenth to the fifth to the day after the closing of argument in the court of fact-finding proceedings (see, e.g., Supreme Court Decisions 96Da31406, Nov. 15, 1996; 97Da25521, Dec. 9, 197). The res judicata effect of the court of fact-finding proceedings is not allowed since the grounds that the plaintiff could have been presented prior to the closing of argument in the court of fact-finding proceedings are interrupted by res judicata effect of the final and conclusive judgment, and it does not conflict with the res judicata effect of the court of fact-finding proceedings (see, e.g., Supreme Court Decision 8Da3116, Sept. 27, 198); and such res judicata effect of the court of fact-finding proceedings (see Supreme Court Decision 2008Du168, Apr. 28, 201, 2019, 2019, etc.).

Although the defendant argues to the effect that the plaintiff, in principle, brought a lawsuit again as the same cause of claim. However, despite the res judicata of a final and conclusive judgment, the retrial procedure excludes res judicata in the case where there is a serious defect in the final and conclusive judgment, and restores the case before the final and conclusive judgment to its pleading and trial again.