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1. The plaintiff's petition for retrial is dismissed.
2. The costs of retrial shall be borne by the plaintiff.
Reasons
1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
On July 5, 2002, the Plaintiff concluded a construction contract with the Defendant that the Plaintiff was awarded a contract for the new construction of the Seoul Gangdong-gu Seoul Metropolitan Government Multi-household Housing (hereinafter “instant new construction”).
With respect to the case of the Seoul Eastern District Court 2003Kadan8757 (Main Office), the 2003Gadan27536 (Counterclaim), the conciliation was established on October 29, 2003 that “the Defendant shall pay the Plaintiff the construction cost of KRW 36.5 million until October 31, 2003, and KRW 6.5 million until the date of completion of the Plaintiff’s defect repair” (hereinafter “instant conciliation”).
The Plaintiff filed a lawsuit for the claim for construction cost based on the instant newly built construction under Seoul Eastern District Court 2018Gaso45136, but the court of first instance rendered a judgment dismissing the Plaintiff’s filing of a lawsuit on November 12, 2018 on the ground that the Plaintiff’s filing of a lawsuit constitutes an abuse of the right of recourse and is thus unlawful
In response to the judgment of the first instance court, the Plaintiff appealed as Seoul Eastern District Court 2018Na4071. However, on May 17, 2019, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on the ground that the judgment of the first instance court, which dismissed the Plaintiff’s lawsuit on the ground that “the Plaintiff’s lawsuit constitutes an abuse of right and thus illegal” was justifiable (hereinafter referred to as “the judgment of retrial”), and that the Plaintiff appealed as the Supreme Court Decision 2019Da15489 Decided August 29, 2019, but the Supreme Court dismissed the appeal on the ground that the judgment for retrial became final and conclusive by the dismissal of the final appeal on the grounds of the lack of hearing on August 29, 2019.
2. The plaintiff's assertion of this case is null and void without the plaintiff's consent, and the defendant's falsity.