1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts are apparent in the records of the judgment subject to a retrial.

The Plaintiff (contractor) filed a lawsuit against the Defendant (contractor) as to the claim for construction payment against the Defendant and B (hereinafter “Defendant, etc.”) (Seoul District Court 2006Gahap14222).

B. On August 31, 2007, the first instance court rendered a judgment citing most of the claims of the Plaintiff as follows.

261,974,00 won (i.e., progress payment of KRW 314,160,00 - KRW 27,186,000 due to defects in a L-type retaining wall - KRW 25,000 (i.e., payment of KRW 25,00,000) of 166,10,000 (i.e., Plaintiff 20,300,000 won) (i., Plaintiff C17,000 won (i.e., 19,770,000 won) for the achievement industry-2,16,200,00 won (i.e., 21,720,000 won) for the Defendant, etc., the collection and collection order was served jointly and severally on the Plaintiff, etc., and thus, the Defendant, etc., shall pay each of the above amounts and delay damages to the Defendant, etc.

C. On May 15, 2009, the Daegu High Court rendered a judgment that the defendant et al.’s appeal is dismissed (the subject judgment of review) since the judgment of the first instance is legitimate, and the Daegu High Court rendered a judgment that all appeals by the defendant et al. are dismissed (

Although Defendant et al. filed an appeal on September 10, 2009, the Supreme Court rendered a judgment dismissing appeal under Article 5 of the same Act (Supreme Court Decision 2009Da44778) on the ground that the grounds of appeal by Defendant et al. on September 10, 2009 constituted Article 4 of the Act on Special Cases Concerning the Procedure of Trial and Appeal, which became final and conclusive

2. Determination as to the existence of a ground for retrial

A. After the Defendant’s assertion of the judgment subject to a retrial became final and conclusive, the cost of construction between the Defendant, etc. and the Defendant, etc. (principal lawsuit), the damages claim lawsuit [Supplementary District Court Decision 2006Gau15635 (principal lawsuit), and 2006Gau20132 (Counterclaim).