1. The lawsuit of this case shall be dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial is significant or apparent in records in this court:

The plaintiff filed a lawsuit against the defendants as Busan District Court 2005Kadan11028, and on July 26, 2007, the above court rendered a judgment that partly accepted the plaintiff's claim and dismissed the remaining claims (hereinafter "the first instance judgment").

The plaintiff appealed against the judgment of the court of first instance and appealed as Busan District Court 2007Na11757, but the above court rendered a judgment dismissing all the plaintiff's appeal on January 11, 2008 (hereinafter "the judgment on retrial"). The plaintiff appealed against the judgment of the appellate court, but the appeal was dismissed by Supreme Court Decision 2008Da12583 on April 14, 2008 and the judgment for retrial became final and conclusive.

On the other hand, on May 28, 2009, the Plaintiff filed a request for a retrial with the Busan District Court 2009Na131 as to the judgment subject to a retrial, but the said court rendered a judgment dismissed on July 16, 2009. On June 23, 2016, the Plaintiff filed a request for a retrial with the Busan District Court 2016Na184 as to the judgment subject to a retrial on October 19, 2016, but the said court rendered a judgment dismissing the said judgment on October 19, 2016. On August 7, 2017, the Plaintiff filed a request for a retrial with the Busan District Court 2017Na6196 as to the judgment subject to a retrial, but the said court rendered a judgment dismissing the judgment on February 22, 2018.

On June 21, 2018, the Plaintiff filed a new suit for the retrial of this case against the judgment subject to a retrial on June 21, 2018.

A. The Plaintiff asserted that: (a) On June 3, 2000, when a witness D borrowed KRW 13 million from the Plaintiff in a lawsuit for a judgment subject to a retrial, the Plaintiff made a false statement contrary to memory; (b) on the basis of such false statement, the judgment subject to a retrial was based on such a false statement; (c) there was a ground for a retrial under Article 451(1)7 of the Civil Procedure Act; and (d) the Plaintiff filed a lawsuit against D for a loan claim against D at the Busan District Court 2008Ga70107, and the said court rendered the said judgment against D as of January 6, 2009.