1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Considering that the Plaintiff loaned 5 million won to the Defendant on October 3, 1989 and 1.5 million won on September 15, 1990, the Plaintiff determined 5% interest per month, and thereafter, considering the Defendant’s repayment details, the judgment subject to review shall revoke the part of the judgment of the first instance against the Plaintiff ordering additional payment as follows, and the Defendant’s payment of 2 million won and 1.2 million won per annum from September 15, 1990 to December 30, 191 to the day of full payment, and from December 30, 1991 to the day of full payment, 2.5% interest per annum from the Defendant’s defense of extinctive prescription, which constitutes a ground for retrial under Article 451(1) of the Civil Procedure Act.

On the other hand, Article 456(3) and (4) of the Civil Procedure Act provides that if five years have passed after the judgment became final and conclusive, a lawsuit for retrial shall not be instituted, and if the grounds for retrial have arisen after the final and conclusive judgment became final and conclusive, the period for filing a lawsuit for retrial shall be calculated from the date on which the grounds have occurred. The period for filing a lawsuit for retrial shall not be interrupted, suspended, or extended as the period for exclusion. Thus, the grounds for retrial asserted by the Plaintiff are apparent in itself that the grounds for retrial occurred before the judgment becomes final and conclusive, and the judgment for retrial in this case was final and conclusive on September 4, 2001. Since the lawsuit in this case was filed on June 25, 2008, which was clearly and clearly after five years have elapsed since the lawsuit in this case was filed on June 25, 2008, the lawsuit in this case was ultimately subject to the filing period for a retrial, and as well as