1. The Defendant’s damages claim against the Plaintiff on September 1, 2014, Seoul Central District Court Decision 2014Hu200513, supra.

1. Basic facts

A. The Plaintiff performed the construction of main household among the construction of new apartment complexes in Gangseo-gu Seoul Metropolitan Government Mero 15 apartment complexes, and the Defendant implemented the construction of apartment complexes among the construction of new apartment complexes.

B. On April 22, 2014, the Defendant filed an application with the Plaintiff for a payment order under the court No. 2014, 200513, asserting that the Plaintiff destroyed the remote areas that the Defendant was born and that the additional construction would amount to KRW 27,180,00.

C. As of September 1, 2014, the Plaintiff received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay KRW 27,180,000 to the Defendant and delay damages therefrom” from this court. The instant payment order was served on the Plaintiff on September 30, 2014, and became final and conclusive.

(Plaintiff filed an objection on October 15, 2014, which was subsequent to the expiration of the time limit for filing an objection, but the above time limit for filing an objection was expired and dismissed). [Grounds for recognition] The fact that there is no dispute, entry of No. 1 (including a serial number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The summary of the assertion 1) The plaintiff could not be damaged by the plaintiff in the order of work progress, which makes the plaintiff's main household after the establishment of the plaintiff's main household, and there is no evidence to prove that the plaintiff damaged the main house as alleged by the defendant. Therefore, compulsory execution based on the original copy of the payment order of this case should be denied. 2) Since the defendant's main house was damaged in the course of the defendant's construction of the main house in the above apartment house, the plaintiff is obliged to pay the amount equivalent to the additional construction cost related to the main house in the remote area, which is the damage suffered by the defendant, and compensation for delay.

(b)in the case of a final and conclusive payment order, the payment order will take place before the issuance of the payment order with respect to the claim which became the cause of the claim.