공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, with the exception that “the part concerning the determination of the authenticity of the contract (Evidence A No. 1)” among the judgment of the court of first instance (Articles 4 and 7) is applied to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of
【The revised portion of the Plaintiff’s document No. 1 and the Plaintiff’s written name are not disputed in the establishment, and according to the Plaintiff’s document No. 3, it can be acknowledged that the front part of the name tag affixed on the Defendant’s name and the seal affixed thereon are based on the Defendant’s name and seal. As such, the authenticity of the entire document is presumed to have been established.
In this regard, the defendant raises a defense that the plaintiff forged the contract by stealing the defendant's name and seal.
However, the following circumstances, which can be seen by comprehensively taking account of the overall purport of the arguments in the evidence Nos. 9, 10, and 11, i.e., (i) the Defendant ordered the Plaintiff to directly work, (ii) the Defendant paid the Plaintiff KRW 73 million with the construction cost, and (iii) the date of preparation of the contract was earlier than the date of preparation of the original contract between the Defendant and B, but it appears that the date of preparation was retroactively stated in the process of providing materials to apply for medical care benefits for industrial accident insurance for G, who are the Defendant’s workers, in light of the fact that there were no circumstances to deem that the construction cost was written differently from the actual contents of the contract preparation process, and that the Defendant paid the Plaintiff KRW 73 million with the construction cost.