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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, and.
Reasons
1. Final and conclusive judgments subject to retrial;
A. The Plaintiff entered into a construction contract with the Plaintiff, who was the president of the Plaintiff (hereinafter “the deceased”) and paid KRW 350,000,000 for the construction work of the building on the F of Gwangju Mine-gu, Gwangju, with the construction cost of KRW 268,00,00. The construction work was not paid KRW 250,000 for the construction cost. ② On November 15, 2003, the Gwangju District Court issued an attachment and assignment order with respect to the claim of KRW 5,00,000 for the refund of the lease deposit against the deceased on behalf of the deceased, and the assignment order was finalized around that time upon receiving the attachment and assignment order with respect to the claim of KRW 5,00,000 for the refund of the lease deposit against the deceased on behalf of the deceased, and paid KRW 350,000 for the Defendant’s wife and his children, who were the deceased’s inheritors, to the Plaintiff on behalf of the deceased, for the entire construction cost of KRW 209,70.7.7.
B. On January 13, 2011, the said court rendered a judgment dismissing all of the Plaintiff’s claims on the ground that (i) the construction contract for the instant construction project submitted by the Plaintiff (No. 3-1-3) was merely a copy; (ii) the existence of the original and the relevant original were not proven to have been duly constituted; and (iii) the said judgment became final and conclusive on February 8, 2011 on the ground that the existence of the Plaintiff’s claim for the construction cost against the deceased is insufficient to recognize the existence of the Plaintiff’s claim for the return of unjust enrichment against the deceased in relation to the deposit for lease; and (iii) the payment by subrogation was both offset against the Plaintiff’s claim for the return of unjust enrichment against the deceased.
[Ground of recognition] The absence of dispute, which is obvious to this court;