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(영문) 인천지방법원 2016.06.10 2014가합57347

공사대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. According to the overall purport of the statement and arguments as to Gap evidence Nos. 6 and 9, Defendant D, the father of Defendant C, entered into a contract with the non-party F, on May 6, 2008 and July 6, 2008, for the civil engineering work (price: 230,000,000) and construction contract (price: KRW 3,950,000) with the content that the construction work is newly built on the land other than 14 lots owned by the defendant C (hereinafter “instant land”) between the non-party F and the non-party F, who is the father of the defendant C, on May 6, 2008, and the non-party F, on July 6, 2008.

2. The plaintiffs' grounds for the plaintiffs agreed to pay KRW 530,000,000 to the plaintiffs, who are the subcontractor or the assignee of F, until November 25, 2008. Even if they do not so, F transferred KRW 530,000,000 to the plaintiffs, since Defendant C and his father, who are the owners of the land of this case, jointly and severally liable to pay the above money and damages for delay.

3. Determination as to the claim against Defendant C

A. We examine the determination of the claim for the payment of the agreed amount, and the evidence No. 3-1 (written confirmation of the payment of the construction cost) of the document No. 3 is denied the identity of the seal on the ground that the defendant C’s name is not his own, and thus, the identity of the seal is denied. Thus, the plaintiffs bear the responsibility to prove that the above seal affixed to the plaintiffs is the defendant C’s seal, but there

Therefore, as long as the authenticity of No. 3-1 cannot be recognized, it shall not be used as evidence, and there is no other evidence to acknowledge the plaintiffs' above assertion, the above assertion by the plaintiffs is without merit.

B. We examine the determination of the claim for the acquisition of bonds, and the fact that F failed to complete the instant construction.