공사대금
1. The independent party intervenor's appeal against the defendant is dismissed;
2. Costs of appeal shall be borne by an independent party intervenor.
The reasons for this Court concerning this case are as follows: (a) each “this Court” shall be deemed to be “the court of first instance”; (b) each “appraisal” shall be deemed to be “the appraiser of the first instance”; and (c) this judgment shall be deemed to be “the first instance court”; and (d) the reasoning for the first instance judgment shall be stated except that the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s
The res judicata effect of a final and conclusive judgment extends to all means of attack and defense which the parties have asserted or could have asserted before the closing of argument in the previous suit. However, if there is a change in circumstances inconsistent with the judgment in the previous suit due to a new cause that occurred after the closing of argument in the previous suit, res judicata effect is interrupted (see, e.g., Supreme Court Decision 91Da24847, 24854, Oct. 27, 1992). In this context, a new cause occurred after the closing of argument refers to a new fact, and there is a new evidence of the existing fact, or another judgment containing a new legal evaluation or other legal evaluation (see, e.g., Supreme Court Decision 2016Da222149, Aug. 30, 2016). According to the foregoing basic facts, the subject matter of the previous lawsuit and the subject matter of the lawsuit against the defendant of the independent party intervenor are entirely transferred to an independent party intervenor under the above assignment order, and there is no new evidence that the previous construction contract exists.
After the closing of the previous proceedings, the Plaintiff’s performance and appraisal of the instant construction work has been conducted.