공사대금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following supplementary portions, and thus, it is acceptable to accept it as it is by the main sentence of
2. The following shall be added between the fourth nine parallels and ten parallels in the judgment of the first instance.
3) Even if the Plaintiff’s domestic service loss of the original evidence No. 1 and the submission of the original document is not required, the establishment of the authenticity of evidence No. 1 can be recognized as evidence of evidence No. 1.
If the stamp image of the person in whose name the document was affixed is affixed, unless there are special circumstances, it is presumed that the authenticity of the stamp image is created, i.e., the act of affixing the stamp image is based on the will of the person in whose name the document was written, and once the authenticity of the stamp image is presumed, the authenticity of the entire document is presumed in accordance with Article 358 of the Civil Procedure Act. However, if it is confirmed that the act of affixing the stamp is carried out by a person other than the person in whose name the document was written, the person in whose name the document was affixed shall bear the burden of proving that
(See Supreme Court Decision 2002Da69686 Decided April 8, 2003). A’s certificate No. 1 does not include the Defendants’ seals, but also the Plaintiff’s official duties at the Plaintiff Company from April 2014 to November 2016, and the Plaintiff’s employee who managed the instant construction work from October 2015 to June 2016 may be recognized by the Plaintiff’s certificate No. 4.
Therefore, the plaintiff is responsible to prove that the act of sealing E is based on the legitimate title delegated by the defendants. According to the statement of Gap evidence No. 4, E is "at the time and the defendants are the husband of the plaintiff and defendant No. 2 as the husband of the plaintiff and defendant No. 2, and they enter into a contract for the construction of this case with the plaintiff and work.