부당이득금
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 apparent or obvious in records in this court.
The Plaintiff filed a lawsuit against the Defendant, D Co., Ltd., and its representative director F and E with the Daegu District Court Decision 2009Da25439, which sought payment of KRW 15,000,000 for loans and KRW 36,450,00 for construction cost. On January 19, 2010, the above court rendered a judgment dismissing the Plaintiff’s claim in its entirety on the grounds that the claim against D Co., Ltd. was entirely accepted, and that the Defendant cannot be deemed as the same company as D Co., Ltd.
Accordingly, the Plaintiff appealed from Daegu District Court 2010Na2877, but the above court rendered a judgment dismissing the appeal against the Defendant on September 16, 2010.
In other words, the Plaintiff filed an appeal with the Supreme Court Decision 2010Da85676, but on December 23, 2010, the judgment dismissing the appeal was finalized on the 27th of the same month.
(hereinafter referred to as “pre-trial final and conclusive judgment”). (b)
The Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 36,450,000,00 for the work price as Daegu District Court 201Hun-Ga80118. On March 30, 2012, the said court rendered a judgment dismissing the Plaintiff’s claim on the ground that it conflicts with res judicata of the previous final and conclusive judgment.
Accordingly, the Plaintiff appealed to the Daegu District Court 2012Na8213, but the above court rendered a judgment dismissing the Plaintiff’s appeal on October 11, 2012, and the above judgment became final and conclusive on November 1, 2012.
(hereinafter “instant judgment subject to a retrial”) 2. Whether the instant judgment was lawful
A. The Plaintiff’s assertion 1) A’s evidence No. 18 (Standard Contract for Construction Works) was forged, but the court erred by adopting it as evidence. As such, there exist grounds for retrial falling under the “when documents and other items as evidence of the judgment were forged or altered” under Article 451(1)6 of the Civil Procedure Act in the instant judgment subject to retrial. (2) Prior final and conclusive judgment and the instant judgment subject to retrial are subject to the subject-matter of lawsuit.