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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In around 2011, the Plaintiff awarded a contract for construction work for multi-household housing (hereinafter “instant construction work”) with B Co., Ltd. (hereinafter “B”) at KRW 778,694,400 for construction cost. The period of the instant construction work was KRW 55,00,000 (hereinafter “construction cost”).
B. The Plaintiff paid KRW 237,571,00 of the instant construction cost to B, and agreed to pay the remainder of KRW 317,429,00 (=55,00,000 - KRW 237,571,00,000; hereinafter “the remainder of the instant construction cost”) by July 31, 201.
C.1) B filed a lawsuit claiming construction cost of KRW 100,000,000 among the remainder of the construction cost of this case with Busan District Court Decision 2012Da16205, Nov. 9, 2012, “the Defendant shall pay the Plaintiff 100,000,000 annual interest rate of KRW 6% from August 1, 2011 to February 29, 2012, and 20% interest rate of KRW 20% from the next day to the date of full payment.” The above judgment became final and conclusive on Nov. 19, 2012, B filed a lawsuit against the Plaintiff for the remainder of the construction cost of this case with Busan District Court Decision 2013Da101493, Nov. 19, 201; Defendant 204Da16184, Oct. 27, 2018.”
Therefore, although the Plaintiff appealed against the above judgment as Busan High Court Decision 2014Na52179, the appeal was dismissed on August 27, 2015, and the above judgment became final and conclusive on September 15, 2015.
(hereinafter “instant final judgment”) d.
1 The defendant on June 26, 2014 set forth the Daejeon District Court's 2014 tea1871 against B.