공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that, around April 20, 2018, the Defendant entered into a Rotterdam construction agreement with the Plaintiff on the basis of KRW 63 million for the payment of the construction cost, and completed the said construction work on September 30, 2019, the Plaintiff sought payment of KRW 35 million as part of the construction cost.
The evidence No. 1 (A) and the evidence No. 3 (U.S.) of the two documents are ratified due to the lack of dispute over the Defendant’s seal imprint part of the two documents, and the authenticity of the entire documents is presumed to have been established.
Although the defendant asserts that each of the above documents was forged, the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to prove it.
In the case of this case, the Suwon District Court 2019da7514 decided that each of the above documents was forged.
However, the following circumstances are acknowledged according to the entries in Eul evidence Nos. 1 through 22 and the purport of the entire pleadings, namely, the defendant lent the name of the owner of the franchise of this case to the plaintiff at the plaintiff's request, issued several times the defendant's certificate of personal seal impression or affixed documents requested by the plaintiff, and the plaintiff prepared various documents in the name of the defendant using the certificate of personal seal impression issued by the defendant. The former owner of the franchise of this case is "D," the defendant completed the registration of ownership transfer of the franchise of this case on December 27, 2016, and the defendant and D completed the registration of ownership transfer of the franchise of this case on December 27, 2016, the date of the registration of ownership transfer, "D is the actual owner of the franchise of this case, and D acquires ownership until December 31, 2017," and therefore, the plaintiff was well aware that the construction cost of this case exceeded 60 million won.