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(영문) 광주지방법원 2021.01.15 2020나60016
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The first instance judgment is the purport of the claim and the purport of the appeal.

Reasons

1. The plaintiff asserted that the plaintiff had been awarded a contract with the defendant on August 15, 2017 for construction work that connects the defendant's house 2 to one bond, etc. The plaintiff completed the above construction work. The defendant is obligated to pay to the plaintiff 2.45 million won after deducting the wage of 1.5 million won for one day which the plaintiff had not completed from the total sum of 2.5 million won for construction work and 1 million won for cement and other materials costs.

The argument is asserted.

2. Determination on the cause of the claim

A. The filing of a subsequent suit between the same parties with respect to the same subject matter of a prior suit is not permissible because it conflicts with the res judicata effect of the final and conclusive judgment in the previous suit.

B. The Plaintiff filed an application with the same Defendant for a payment order of construction price under the Southern District Court Branch of Gwangju District Court Decision 2019 tea 222, but the Defendant raised an objection to the payment order, thereby making the Defendant performed the litigation proceedings No. 2019 Ghana 1191. At that time, the Plaintiff filed a claim against the Defendant for “construction price of KRW 2.450,00 and damages for delay from September 24, 2017 to the full payment order,” and the said court rendered a judgment dismissing the Plaintiff’s claim on December 19, 2019, and the fact that the said judgment became final and conclusive on January 29, 2020 (hereinafter “instant prior lawsuit”) is significant in this court.

(c)

According to the above facts, since the prior suit in this case and the lawsuit in this case are identical to the parties and the subject matter of lawsuit, the res judicata effect of the prior suit in this case has been affected by the lawsuit in this case, and the plaintiff's assertion is inconsistent with the judgment in the above final judgment, and therefore, it is without merit without

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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