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(영문) 청주지방법원 2019.07.12 2018나11528
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a juristic person engaged in manufacturing and wholesale and retailing business, such as Changho, Warsaw, etc., with the trade name of “Co. A”.

The defendant is the owner of the electric source house on the ground (hereinafter referred to as the "electric source house of this case") in Chungcheongnam-gu, Chungcheong-gun C.

Construction cost: 14,800,000 construction cost: Special agreement between October 24, 2017 and November 30, 2017: The construction cost incurred after the determination of the contract price shall be calculated additionally, and the construction cost shall be paid first by the occurrence of a loan after completion (C).

B. On October 24, 2017, the Plaintiff was awarded a contract with the Defendant for a new construction project related to the creation of the instant electric power plant (hereinafter “instant construction project”) and entered into a construction contract with the following contents (hereinafter “instant construction contract”).

C. On October 30, 2017, the Defendant deposited KRW 2,000,000 to the Plaintiff.

On November 30, 2017, the Plaintiff completed the instant construction, and at that time delivered the instant house to the Defendant.

[Based on the recognition] Facts without dispute, Gap evidence No. 1 (the defendant's seal image part is presumed to have established the authenticity of the whole document because there is no dispute over the defendant's seal image part. The defendant's defense that this document was forged, but the above defense is without merit as follows) and the purport of whole pleading

2. According to the above facts, barring special circumstances, the Defendant is obligated to pay the Plaintiff the instant construction cost of KRW 12,800,000 and the interest calculated at the rate of 15% per annum from August 2, 2018 to the date of full payment, as the Plaintiff seeks.

3. Nonparty D, the Defendant’s summary of the grounds for appeal, made the instant construction contract by stealing Plaintiff’s seal impression, and the Defendant did not have concluded the instant construction contract with the Plaintiff.

4.If it is recognized that the seal affixed to the person in whose name the document is written is printed on the seal.

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