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(영문) 수원지방법원 안양지원 2014.02.28 2013고단190
사기미수
Text

The defendant shall be innocent.

Reasons

1. On February 23, 2012, the Defendant filed a lawsuit claiming construction cost payment against the victim C at the Suwon District Court Ansan-dong located in Ansan-gu, Dongdaemun-gu, Suwon-si to the effect that “the Defendant (victim) shall pay to the Plaintiff (Defendant) the amount equivalent to KRW 1,116,00,000 per annum from the day following the delivery date of a copy of the complaint of this case to the day of complete payment.”

The Defendant, as a contractor, filed a lawsuit to the same purport that he/she would be paid the construction cost to the victim with respect to the Seo-gu Down Construction Project in Incheon. However, on February 28, 2011, the Defendant agreed that “if the construction is not completed within 30 days, he/she would waive all the construction cost that has not been completed so far” (hereinafter referred to as “a waiver agreement”) with the victim, and the Defendant did not have any claim against the victim for construction cost since the completion was not completed within 30 days after the waiver agreement.

Nevertheless, the Defendant filed a lawsuit against the victim for the payment of false construction cost as above, and submitted a written contract, which is not a true construction contract, with the written complaint attached, and completed the contract for construction work, to E.E.

As if he was succeeded from E, by deceiving the court by false assertion, such as submitting a written contract with E to the warden and not deducting the construction cost of KRW 420,00,000,000, which was already received by him, and by allowing the court to render a judgment in favor of the Plaintiff, thereby receiving the payment of the KRW 1,116,00,000 and interest thereon. However, the victim did not have been able to dispute by responding to the order of the victim.

2. A judgment fraud is an offense in which the court obtains a favorable judgment for himself/herself and thereby acquires the other party’s property or pecuniary advantage, and when the judgment fraud is found guilty, it shall be readily.

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