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 for the claim for reimbursement amounting to the Jeonju District Court 96Kadan8798, and was sentenced to a judgment accepting the Plaintiff’s claim in full (hereinafter “the original judgment”), and the said judgment was finalized on August 28, 1996.

B. On August 18, 2006, the Plaintiff filed a lawsuit against the Defendant for the interruption of extinctive prescription of the claim for indemnity amount based on the original judgment of this case, and the above court rendered a judgment that accepted the Plaintiff’s claim on January 9, 2007, and the Defendant appealed with the Jeonju District Court 2007Na876, but the above court dismissed the Defendant’s appeal on June 8, 2007 (Re-adjudication) (Re-adjudication), and the Defendant appealed with the Supreme Court 2007Da416455, but the Supreme Court dismissed the Defendant’s appeal on August 23, 2007, and the judgment subject to a retrial became final and conclusive on the same day.

C. Article 451(1)9 of the Civil Procedure Act exists since the defendant received a judgment in favor of the plaintiff by falsely delivering the defendant's address.

On September 18, 2007, the lower court dismissed the lawsuit for retrial on June 4, 2008, and the Defendant appealed to Supreme Court Decision 2008Da44658 Decided September 11, 2008, but the Supreme Court dismissed the Defendant’s appeal on September 11, 2008.

The Defendant, on September 30, 2008, served the original copy of the judgment in the instant judgment subject to a retrial as a false address of the Defendant, but the judgment subject to a retrial was limited to that of the Plaintiff, and rejected the defense of extinctive prescription by omitting judgment on the evidence Nos. 9, 10 submitted by the Defendant, and thus, there are reasons under Article 451(1)5 and 9 of the Civil Procedure Act.

In other words, a new suit was filed by the Jeonju District Court 2008J or 79, but the above court has filed a suit for retrial on January 16, 2009.