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1. All of the lawsuits for interim confirmation changed in the litigation and retrial procedure of this case shall be dismissed.
2. Filing of a new trial;
Reasons
1. The Plaintiff filed a lawsuit against the Defendant for the claim for loans and the confirmation of document petition with the Busan District Court 201Kahap4404, 6211, which was significant or obvious in the record in this court. On February 10, 2012, the said court rejected the Plaintiff’s claim for money and the lawsuit for interim confirmation.
② On February 10, 2012, the Plaintiff appealed to the Busan High Court as Busan High Court Decision 2012Na2064 and 2071. However, on February 10, 2012, the said court rendered a judgment subject to a retrial, which dismissed the Plaintiff’s appeal.
③ The Plaintiff appealed by Supreme Court Decision 2012Da9891, 9907, but was dismissed on January 10, 2013, and the judgment was served on the Plaintiff’s legal representative on January 14, 2013, the instant judgment subject to a retrial became final and conclusive.
2. The plaintiff's assertion and the plaintiff's judgment on this issue are asserted that the judgment subject to a retrial in this case has an agent, ex officio reason for the crime of fraudulent bankruptcy, and a ground for retrial under Article 451 (1) 8, 9, and 10 of the Civil Procedure Act, but there is no specific assertion as to this, and therefore, it cannot be a legitimate ground for retrial
In addition, the plaintiff changed the purport of the claim of an intermediate confirmation in the retrial procedure of this case. The filing of a lawsuit for an interim confirmation in the retrial procedure of this case or modification of a petition for retrial is seeking confirmation of the existence of a legal relationship in a preemptive relation to the claim of the merits of a lawsuit subject to retrial on the premise that the petition for retrial will be accepted. Therefore, in a case where a ground for retrial is not recognized and a request for retrial is rejected, there is no need to further deliberate on the existence of a preemptive legal relationship subject to an interim confirmation lawsuit, but on the other hand, an interim confirmation lawsuit is not a mere means of attack and defense, but an independent lawsuit is not a mere means of attack and defense, and thus the judgment on such lawsuit