1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 2019, the Defendant filed an application with the Cheongju District Court for a payment order of the construction cost case with the Cheongju District Court 2019Gu378, but did not serve as the service for the Plaintiff, and submitted it to the litigation proceedings with the Cheongju District Court 2019Gudan3905.

The cause of the instant lawsuit was that “the Plaintiff requested the Defendant to perform tin work in accordance with the Danal Generation C and the New Construction of the Commercial Building in 2017, and set the construction cost of KRW 131,330,000, and the Defendant completed the construction on January 26, 2018, and completed the construction on January 26, 2018, and the Plaintiff was not paid KRW 54,330,000 out of the construction cost.”

B. The instant Cheongju District Court case No. 2019Kadan3905 was pending in a lawsuit against the Plaintiff by public notice. On October 17, 2019, the Defendant winning the judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 54,330,000 won and the interest rate of 12% per annum from July 21, 2019 to the date of full payment,” and the said judgment was finalized on November 6, 2019.

C. After that, on December 2, 2019, the Plaintiff submitted an application for perusal and reproduction of the case of the Cheongju District Court 2019Kadan3905.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 2 to 4 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant entered into a contract for construction with D and did not have any contractual relationship with the Plaintiff, and did not have any claim for the construction cost against D and E by being fully paid the construction cost. However, as the Plaintiff and the Defendant filed a lawsuit against the Plaintiff as if they were in a contract for construction, and the final and conclusive judgment of this case was rendered, enforcement based on the final and conclusive judgment of this case should be denied as it constitutes abuse of rights. 2) The Defendant’s claim for the construction cost against the Plaintiff exists, and the Defendant is within the appeal period against the final and conclusive judgment of this case.