공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Party’s argument
A. On April 17, 2012, the Plaintiff entered into a contract with the Defendant for the execution of civil engineering works and construction works on the land Kimpo-si B, C, and D (hereinafter “instant contract”). On April 17, 2012, the Plaintiff entered into a contract with the Defendant for the execution of civil engineering works on the land divided into Kimpo-siD at Kimpo-si, Kimpo-si (hereinafter “instant construction works”). Since the Plaintiff completed all of the instant construction works, the Defendant is obligated to pay KRW 246,394,720 (including value-added tax) the construction cost of the instant case to the Plaintiff.
B. The Defendant’s signature and seal affixed thereto, which are indicated in the Defendant’s orderer column of the contract of this case (A No. 3-1), are affixed with the Defendant’s seal affixed thereto without prior approval from the Defendant, and the Defendant’s seal was affixed thereto. Since the contract of this case was made and the Defendant did not obtain the Defendant’s approval, the Defendant is not liable to pay the Plaintiff the construction price.
Judgment
A. If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, it shall be presumed that the authenticity of the stamp image is created, i.e., the act of affixing the seal is based on the will of the person in whose name the document was prepared, and once the authenticity of the stamp image is presumed, the authenticity of the entire document shall be presumed. However, if it is proved that the act of affixing the seal was done by a person other than the person in whose name the document was prepared, the person in whose name the document was affixed, is liable to prove the fact that the act of affixing the
(See Supreme Court Decision 2009Da37831 Decided September 24, 2009, etc.). B.
As to the instant case, it corresponds to the fact that the Defendant entered into the instant contract with the Plaintiff.