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: (a) the determination of the original judgment is final and conclusive.

The Plaintiff filed a lawsuit against the Defendant for a loan claim as Busan District Court Decision 201Kadan127139. On February 3, 2012, the said court ordered the Defendant to serve a service by public notice, and sentenced the Defendant to accept the entire claim of the Plaintiff on March 15, 2012 (hereinafter “the first instance judgment”).

B. On March 30, 2012, the Defendant appealed as Busan District Court 2012Na7257, which was dissatisfied with the judgment of the first instance court, but the said court rendered a judgment dismissing the Defendant’s appeal on October 19, 2012 (hereinafter “the judgment on review”).

Although the defendant appealed against the judgment of the appellate court, on February 15, 2013, the above appeal was dismissed by Supreme Court Decision 2012Da100784, which became final and conclusive.

C. On February 3, 2016, the Defendant filed a lawsuit seeking a retrial on the instant judgment subject to a retrial.

2. The defendant's argument

A. At the time of filing the instant lawsuit, the Plaintiff did not enter the Defendant’s domicile in the written complaint, even though he knew of the fact that the Defendant was residing in a private teaching institute operated by him due to a large amount of debt at the time of filing the instant lawsuit (U.S. District Court Decision 2011Da127139), and submitted a written application for correction of the indication of the party, stating the Defendant’s domicile as the Defendant’s domicile on the abstract of the resident registration as the Defendant’s domicile. As such, there exists a cause for retrial under Article 451(1)11 of the Civil Procedure

B. As to the Defendant’s assertion that “the Plaintiff only served as an intermediary in the transaction of money between C and the Defendant,” the judgment subject to a retrial was determined as an obligee without any judgment, and thus, there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act in the judgment subject to a retrial.

3. Determination

A. The grounds for retrial under Article 451(1)11 of the Civil Procedure Act are known to the other party’s domicile or residence.