공사대금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
On February 20, 2014, the Plaintiff filed a lawsuit against the Defendant for the claim for construction cost, alleging that the Plaintiff had not been paid KRW 225 million out of the unpaid construction cost confirmed by the Plaintiff and the Defendant, as Jeju District Court Decision 2014Gahap5179, and the said court rendered a judgment dismissing the Plaintiff’s claim on October 2, 2014.
Although the Plaintiff appealed in this Court ( Jeju) No. 2014Na958, this Court rendered a judgment dismissing the Plaintiff’s appeal on October 7, 2015 (hereinafter “the judgment on review”).
Although the Plaintiff appealed to the judgment subject to a retrial by Supreme Court Decision 2015Da244272, the final appeal was dismissed on December 24, 2015 due to the Plaintiff’s failure to submit a statement of grounds for final appeal. On December 30, 2015, the judgment subject to a retrial became final and conclusive by receiving the original copy of the judgment.
[Reasons for Recognition] The Plaintiff’s claim was rejected on the basis of the witness D’s false statement in the absence of dispute, the substantial fact in this court, and the summary of the Plaintiff’s claim as stated in Gap evidence No. 72-1 through 3.
Therefore, there are grounds for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial.
Judgment
Article 451(2) of the Civil Procedure Act provides that “A lawsuit may be brought in a retrial only when a judgment of conviction or a judgment on the imposition of a fine for negligence has become final and conclusive or a final and conclusive judgment on conviction or the imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence in the case of subparagraphs 4 through 7 of paragraph (1).
Therefore, in order to claim the grounds for a retrial under Article 451(1)4 through 7 of the Civil Procedure Act, the grounds for retrial should be asserted and proved together with the fact that the requirements under Article 451(2) of the Civil Procedure Act have been met, except for such grounds for retrial, and the lawsuit seeking a retrial under Article 451(1)4 through 7 of the Civil Procedure Act is unlawful without satisfying such requirements.
Supreme Court Decision 201No. 8. 29.