[2014 Highest 3236] Defendant Company, as the representative of H Co., Ltd., a construction company, carried out construction works by giving the “K hotel” construction works from L LA, an I hotel corporation, which is located in the jurisdiction of Seopo-si, Seopo-si.

1. In relation to the foregoing new construction of the K hotel, the Defendant: (a) failed to receive construction materials from L to receive payment; and (b) received from M of L’s representative director M the request that “I hotel Co., Ltd., a building owner, receive a letter of default on the part of L’s hotel Co., Ltd., a L’s side of L’s hotel Co., Ltd, continuing to supply materials when it guarantees the payment; and (c) paid each form.”

On June 2012, the Defendant entered the said payment in the column of joint and several guarantors of a letter of conduct as “business operator registration number N, name I hotel (ju), address addressO, resident registration number P, etc.” in the column of joint and several guarantors of a letter of conduct, and forged one copy of the payment in the name of I hotel corporation, a private document on rights and duties, without authority, for the purpose of exercising the right and duties, by sealing the employee seal of I hotel corporation, which was kept in custody for use at the ordinary construction site.

2. On June 2012, the Defendant exercised the said investigation document by delivering a letter of commitment to the said M in the L Office, Qu in Qu in Jeju, as seen above, to the said M, for which payment in the name of the I hotel Co., Ltd., which was forged as above, was a letter of commitment.

3. The Defendant, on January 18, 2013, filed a lawsuit claiming the price of the goods with the Jeju District Court No. 2013 as the Defendant against the I hotel Co., Ltd. as the Defendant. On December 12, 2013, the Defendant appeared as a witness at the second hearing date of the claim for the price of the above goods opened in the Jeju District Court No. 2 in the Jeju Provincial Court No. 2 in the Jeju Provincial Court No. 2 in the Jeju Island around December 12, 2013.