A. On September 19, 2014, the Plaintiff completed the registration of ownership transfer with respect to the land of 211.5 square meters in Kimcheon-si, Kimcheon-si (hereinafter “instant land”).

B. On September 26, 2014, the Plaintiff concluded a contract with the Defendant for the construction of the instant land-based commercial building (hereinafter “instant construction”) with the construction cost of KRW 70 million, and the construction period from September 26, 2014 to November 30, 2014, and agreed on the payment period for the said construction cost as follows.

Contract deposit: KRW 20 million = Part payment at the time of contract: KRW 40 million = Balance at the time of completion of steel frame construction: KRW 10 million = immediately after completion of the construction.

C. On September 26, 2014, the Plaintiff paid a down payment of KRW 20 million to the Defendant.

The Plaintiff transferred KRW 20 million to D on October 6, 2014.

E. Around January 3, 2015, the Defendant completed steel frame construction among the instant construction works.

F. On June 12, 2015, the Defendant filed an application for payment order against the Plaintiff on the ground that the Defendant failed to receive the intermediate payment of KRW 40 million among the instant construction costs.

(G) On June 12, 2015, the above court issued an order for payment (hereinafter “instant order for payment”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 40 million and the amount calculated at the rate of 6% per annum from January 3, 2015 to August 10, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant order for payment”). On August 10, 2015, the Plaintiff did not raise an objection within the objection period after receiving the instant order for payment, and the instant order for payment was finalized on August 25, 2015.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, 6, and 7, Gap evidence 4 (including a provisional number; hereinafter the same shall apply), Gap's witness E's partial testimony, and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted 1 that the instant construction contract was concluded by deceiving the Plaintiff even though the Defendant did not intend to perform the instant construction work in order to acquire money from the Plaintiff.