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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts are remarkable in this Court:
(1) The plaintiff filed a lawsuit against the defendant for the payment of KRW 1,173,971,475 of the subcontract price for the 1998 major soil works, survey works, drainage works and packing works among the 4th main local highways among the F-G local highways that the defendant received from Jeollabuk-do, and for the payment of KRW 538,637,069 of the plaintiff's claim on May 31, 2000, and for the delayed payment of KRW 538,637,069 of the plaintiff's claim and its delayed payment damages.
(2) When both the Plaintiff and the Defendant filed an appeal, and the appellate trial was conducted on the construction cost case No. 2000Na3131 of the Gwangju High Court, the Plaintiff extended the purport of the claim. On October 24, 2002, the above court accepted the Defendant’s appeal partially and rendered a decision to amend the judgment of the first instance court (hereinafter “the judgment on review”) by citing only the amount of KRW 117,642,00 among the Plaintiff’s claim and the damages for delay.
(3) After that, both the Plaintiff and the Defendant filed an appeal against the judgment subject to a retrial, and the judgment of final appeal was conducted for the construction cost of Supreme Court Decision 2002Da68638. On January 28, 2005, the Supreme Court accepted the Defendant’s final appeal as to the part of damages for delay among the judgment subject to a retrial, and dismissed the Plaintiff’s claim corresponding thereto. On the other hand, the Supreme Court rendered a judgment dismissing both the Plaintiff’s final appeal and the Defendant’s remainder of the final appeal
B. A final and conclusive judgment of rejection of a suit at least twice becomes final and conclusive (1) the filing of a suit and the final and conclusive judgment of rejection of a suit for retrial (A) by this Court (former Notes) No. 2007Na36, Jun. 28, 2007, the judgment subject to a retrial by this Court is ① E and AG.