1. The request for retrial of this case is dismissed.

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

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial does not conflict or is obvious to this court.

The Plaintiff filed a lawsuit against the Defendant for the claim for the construction cost under the 2007Gahap966, which was executed by the Defendant upon subcontract from the Defendant, and was sentenced to a dismissal ruling on November 22, 2007. The Plaintiff appealed as the Gwangju High Court 2007Na6931, but was sentenced to a dismissal ruling on March 25, 2009. The Plaintiff appealed as the Supreme Court Decision 2009Da34115, which became final and conclusive on August 20, 209.

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

A. The Plaintiff’s assertion C Co., Ltd. (hereinafter “C”) received a subcontract for mechanical installation works from the Defendant and gave a sub-subcontract to the Plaintiff. The Plaintiff completed the construction and completed the additional construction works by being subcontracted directly from the Defendant, separate from the above mechanical installation works. As such, the Defendant is obligated to pay the construction price for the additional construction works to the Plaintiff.

However, D, as the head of the Defendant’s on-site, ordered an additional change work on behalf of the Plaintiff, made a false statement while giving testimony as a witness of the Defendant in the first instance court of the judgment subject to a retrial, which became final and conclusive after which the said judgment was rendered guilty of perjury, and the said judgment became final and conclusive. Since the court prior to the retrial rendered a judgment for retrial against the Plaintiff on the ground of the above testimony, the judgment for retrial falling under Article 451(1)7 of the Civil Procedure Act was rendered, and the judgment for retrial against the Plaintiff was rendered.

B. On October 18, 2007, the above facts of recognition (1) D are examined as a witness on the date of the first hearing of the court of first instance on October 18, 2007.