2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On May 16, 2014, the Plaintiff entered into a contract with the Defendant on the construction site with respect to the extension of the Multi-Purpose D High School located in B and nine parcels of land, setting the construction period as KRW 1 billion from May 12, 2014 to January 6, 2015. The Plaintiff entered into a contract with the head of the on-site office with the purport that the Plaintiff will be responsible for and complete the construction within the said construction amount as the head of the on-site office.

(hereinafter “instant responsible execution contract”). B.

Around February 2015, the Plaintiff completed the construction work under the instant contract for the performance of liability and delivered it to the Defendant.

C. On December 7, 2015, the Defendant’s trade name was changed from “S. S. S. S.” to “S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. Co., May 25, 2016.”

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 2 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is the sum of KRW 1,00,00,000 for the total amount of settlement to be paid by the Defendant under the instant contract for the responsible execution, including the cost of responsible construction, KRW 23,113,169 for the safety preservation management, KRW 3,260,858 for the environmental preservation, and KRW 1,09,932,846 for the value-added tax amount.

Here, when the defendant deducts the sum of KRW 972,274,295, the amount that the defendant had already executed or had been determined to pay, the amount that the plaintiff would have received is KRW 127,658,551.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 54,090,00 and the delay damages therefrom, which are the partial payment of KRW 127,658,51 due to the instant contract for the construction of liability.

B. Since res judicata of a final and conclusive judgment 1 final and conclusive judgment affects the judgment on the existence of legal relations asserted as a subject matter of a lawsuit, it is not permissible between the same parties to bring a subsequent suit on the same subject matter of a lawsuit as the subject matter of a prior suit is contrary to the res judicata of the final

In addition, the res judicata of the final and conclusive judgment is a prior suit.