매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The key issue of the instant case: Whether the authenticity of the instant order (Evidence A) was established, and whether B was authorized to conclude the instant order supply contract on behalf of the Defendant
1. The Plaintiff asserts that the Plaintiff supplied ready-mixeds equivalent to KRW 11,325,600 at the construction site of Daejeon Sung-gu, Daejeon pursuant to the orders of B, which was represented by the Defendant from May 27, 2017 to July 17, 2017 (hereinafter referred to as the “instant contract”), and sought the price for the supply of ready-mixeds between the Plaintiff and the Defendant (hereinafter referred to as the “instant contract”).
The defendant asserts that there was no contract between the plaintiff and the plaintiff for the supply of ready-mixed.
2. Facts of recognition and judgment
A. The existence and content of an expression of intent in accordance with the content of the document is recognized, unless there is any clear and acceptable counter-proof that the content of the document is denied, in a case where the document as to whether the document as referred to in subparagraph 1 (a) is authentic is established.
However, if a person disputing the authenticity of a document proves that the act of signing or affixing the document is based on the will of the person in whose name the document was prepared, or if it is proved that the above act of signing or affixing the document was made by a person other than the person in whose name the document was prepared, the presumption of presumption is broken. Therefore, the person in whose name the document was signed or sealed is liable to prove that the act of signing or affixing the document was based on a legitimate title delegated by the person in whose name
(see, e.g., Supreme Court Decision 2002Da59122, Feb. 11, 2003; Supreme Court Decision 2010Da91947, Dec. 8, 201). In the instant case, the Defendant’s signature portion as indicated in the order order column (Evidence A; hereinafter “instant order sheet”) submitted by the Plaintiff as evidence for the conclusion of the instant contract is the Plaintiff, who is not the Defendant, is the Plaintiff.
Thus, the plaintiff shall prepare the order of this case from the defendant B.