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 in records:

On July 9, 1996, the Plaintiff filed a lawsuit against the Defendant seeking the performance of the obligation for reimbursement under the Jeonju District Court 96Kadan8798, and was sentenced to the judgment accepting the Plaintiff’s claim in full (hereinafter “the original judgment”), and the judgment on August 28, 1996 became final and conclusive.

B. On August 18, 2006, the Plaintiff filed a lawsuit against the Defendant for the interruption of extinctive prescription of the claim for reimbursement based on the initial judgment of this case by the Jeonju District Court 2006Kadan35720, and the above court rendered a judgment accepting the Plaintiff’s claim on January 9, 2007. As to this, the Defendant appealed with the Jeonju District Court 2007Na876, but the above court rendered a judgment dismissing the Defendant’s appeal on June 8, 2007 (Re-adjudication). The Defendant appealed with the Supreme Court 2007Da41645, but the Supreme Court appealed with the Defendant’s appeal on August 23, 2007, but the judgment subject to a retrial became final and conclusive on the same day.

C. On September 18, 2007, the Defendant appealed to the instant judgment subject to a retrial, and filed a lawsuit for retrial with the Jeonju District Court 2007Na41 on September 18, 2007, but the said court rendered a judgment that “the lawsuit for retrial of this case is dismissed” on June 4, 2008, and the Defendant appealed with the Supreme Court Decision 2008Da44658, but the Supreme Court declared that the Defendant dismissed the Defendant’s appeal on September 11, 2008.

On September 30, 2008, the Defendant filed a new suit for a retrial with the Jeonju District Court 2008Na79 regarding the instant judgment subject to a retrial, but the said court rendered a judgment on January 16, 2009 that “the instant lawsuit shall be dismissed,” and the Defendant appealed with the Supreme Court 2009Da14326, but the Supreme Court rendered a judgment dismissing the Defendant’s appeal on May 14, 2009.

E. On June 8, 2009, the Defendant filed a lawsuit for retrial with the Jeonju District Court 2009Na83 regarding the instant judgment subject to a retrial.