1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the court's explanation concerning this case are as follows, except for the addition of "2. additional judgment" to "(2.008dadada39818)" in Part 4 of the judgment of the court of first instance, and the plaintiff's argument that this court repeats or emphasizes is identical to the reasons for the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts to the effect that the defendant bears the duty of return of unjust enrichment to the plaintiff, regardless of the res judicata effect of the previous final and conclusive judgment, and thus the plaintiff's claim should be accepted.

On the other hand, in order to exclude res judicata recognized as a final and conclusive judgment, it is a matter of principle to seek the revocation of a final and conclusive judgment by means of a suit for retrial in cases where there exist grounds for a retrial. There is no proof as to whether the instant suit was not a suit for retrial and whether the Plaintiff had received the judgment revoking the previous final and conclusive judgment by filing a suit for retrial. Therefore, the Plaintiff’s

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.