청구이의
1. The judgment of the court of first instance is modified as follows.
On April 11, 2018, the Daejeon District Court against the defendant's plaintiff.
Basic Facts
The Defendant filed an application against the Plaintiff for a payment order of KRW 47,740,000, which was payable to the Plaintiff out of the labor cost agreed in relation to electrical construction at the construction site of the Seo-gu Daejeon Urban Studio Construction Site. Accordingly, on April 11, 2018, the original copy of the payment order (hereinafter “instant payment order”) was served on the Plaintiff on April 17, 2018, and the Plaintiff filed an objection with the lapse of the period for filing an objection.
The plaintiff's objection was dismissed on May 9, 2018.
The payment order of this case provides that "the plaintiff shall pay to the defendant 47,740,00 won with 15% interest per annum from the next day of service of the original payment order to the day of complete payment."
[Ground of recognition] The plaintiff asserts that, at the time when the defendant received the payment order of this case, the personnel expenses payable to the defendant in relation to the construction site of this case are 20,48,500 won (=41,690,000 - 21,201,50 won), compulsory execution based on the payment order of this case should be dismissed.
In this regard, the defendant asserts that the plaintiff is liable to pay the defendant the unpaid personnel expenses of KRW 20,488,50 and delay damages as stated in the purport of appeal.
The defendant did not submit a written answer at the first instance court and the judgment in favor of the plaintiff was pronounced without oral argument, but only he appealed against this.
Judgment
The Defendant’s repayment of KRW 41,690,00 to the Plaintiff, as stated in the Defendant’s written claim as of December 1, 2017 and December 29, 2017, of KRW 21,201,50, out of the total labor costs, to the Plaintiff from August 21, 2017 to December 28, 2017, may be recognized either in dispute between the parties or in full view of the purport of evidence and the entire pleadings.
Ultimately, the Defendant’s instant payment order against the Plaintiff is issued.