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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around June 5, 2007, the Defendant entered into a contract for construction works D (hereinafter “instant contract”) with Boan-si, Non-Party C, and Non-Party B, and completed the construction works around January 2008.
On November 18, 2012, the Defendant submitted a payment order to the Daejeon District Court located in Daejeon, Seo-gu, Daejeon, 78, to the effect that “The obligor shall pay to the obligee KRW 80 million per annum from February 16, 2008 to the service date of the authentic copy of the payment order, 5% per annum from the next day to the service date of the authentic copy of the payment order, 20% per annum from the next day, and 30% per annum from the next day to the next due date, and 45 copies of the standard contract for private construction and certified mail for the contents of the contract.”
However, the Defendant was well aware of the fact that the Defendant received a total of KRW 28.5 million from Oct. 9, 2007 to Jan. 21, 2008, and KRW 188.5 million from Jan. 29, 2010 to Aug. 23, 2012, including the total of KRW 188.5 million, from Jan. 29, 2010 to Aug. 23, 201, and thus, the Defendant paid the outstanding amount to KRW 583 billion.
Nevertheless, the defendant deceiving the above court without knowledge of its circumstance and received a payment order equivalent to the purport of the claim from the court on January 29, 2014, which became final and conclusive on January 29, 2014, thereby acquiring property gains equivalent to KRW 217 million and delayed damages.
2. Determination
A. In light of the fact that the Defendant filed an application for payment order from February 16, 2008, which was the date of payment (15 days after completion), at the time of filing an application for payment order on November 18, 2012, seeking the full amount of construction cost of KRW 800 million under the contract and delayed damages from February 16, 2008, which was the date of payment (15 days after completion), the fact that the Defendant filed an application for payment order as if the Defendant had not received partial payment from the injured party
However, at the end below.