편취금
The defendant shall pay to the plaintiff 80 million won with 12% per annum from August 11, 2020 to the day of complete payment.
Comprehensively taking account of the respective descriptions and arguments in Gap 1, 2, and 6, the Plaintiff entered into a contract for construction costs of KRW 200 million with the Defendant on November 12, 2015, the Plaintiff paid KRW 20 million to the Defendant as the down payment on November 20, 2015, and KRW 60 million as the intermediate payment on November 26, 2015. The Defendant was prosecuted for fraud that the Defendant received KRW 80 million from the Plaintiff even though he/she had no intent and ability to carry out construction of minority power generation facilities, and the appellate court rendered a sentence of 10 months by recognizing fraud against the Defendant on October 18, 2019, and the appellate court rendered a final and conclusive judgment by the Defendant on May 14, 2020.
According to the above facts, the defendant is obligated to pay the plaintiff the damages for delay calculated by the rate of 12% per annum from August 11, 2020 to the day of complete payment, which is the day following the delivery date of a copy of the complaint of this case filed by the plaintiff, as the damages for losses incurred by the tort of fraud, to the day of complete payment.
On the other hand, the defendant set up a defense that he paid KRW 10 million, and submitted the evidence, but the evidence has not been submitted by the date of the closing of argument.
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.