1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

1. The following facts are found in records:

A. On January 28, 2013, the Defendant awarded a contract for the construction work of Yangsan-C General Industrial Site (hereinafter “instant construction work”) at KRW 12 billion for the construction cost to the Yangsan-C General Industrial Site Construction Corporation B (hereinafter “B”).

B. On February 5, 2013, the Plaintiff entered into an oil supply contract with B to supply oil at the instant construction site, and supplied oil equivalent to KRW 22,165,406 to B from February 19, 2013 to March 8, 2013.

From March 9, 2013 to May 31, 2013, the Plaintiff supplied oil equivalent to KRW 74,028,671 at the construction site of this case.

C. On July 2013, the Plaintiff filed a lawsuit against the Defendant in the first instance trial seeking payment of the sum of KRW 96,194,077 (hereinafter “instant oil payment”). The Plaintiff asserted in the said lawsuit that “B is liable for the oil payment that the Plaintiff supplied to B until then at the time of receiving the said oil at the site of March 8, 2013, as the Defendant continued to supply the said oil until May 31, 2013, the Defendant was obligated to pay the said oil payment.”

On April 29, 2014, the first instance court rendered a judgment in favor of the Plaintiff on the ground of the certificate of January 6, 2014 (No. 3; hereinafter “the first written confirmation”), etc. that “B, on March 8, 2013, terminated the instant construction, and was liable to the Defendant for the oil price supplied by B at the time of other Sections B” prepared by the representative director H of B.

E. Accordingly, the Defendant appealed (Ulsan District Court 2014Na3139, the case subject to review), and H appeared as a witness of the appellate court on November 5, 2014, and the Plaintiff filed a criminal complaint against the witness on December 20, 2013, on the condition that the Plaintiff withdraws the complaint against the witness during the investigation process, and affixed the first written confirmation to the witness on January 6, 2014.

The first written confirmation of this case is false.

B Employees did not suspend and withdraw the instant construction work on March 8, 2013, but up to May 15, 2013.