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(영문) 서울중앙지방법원 2016.09.08 2016나20342
손해배상
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a restaurant with the trade name “D” in the Gwanak-gu Seoul Special Metropolitan City C and the first floor (hereinafter “instant store”); and the Defendant is a person who is a man of the personal name “E”.

B. From the end of January 2014 to the beginning of January 2015, the Plaintiff ordered the Defendant to perform the Plaintiff’s main and interior interior interior interior interior decoration of the instant store. Accordingly, the Defendant’s construction was conducted, and the Defendant opened a lower-ranking store on January 2015, but the number of housing units was generated in the main part.

Therefore, even though the Defendant performed the repair work on that part, the number of persons continuously occurred even after that work.

C. Accordingly, on June 22, 2015, the Plaintiff entered into an agreement with the Defendant on the Plaintiff’s compensation for damages arising from the water leakage, and the Plaintiff agreed to pay the Plaintiff KRW 6 million in installments from June 22, 2015 to KRW 1 million for three months from June 22, 2015 (hereinafter “instant agreement”).

On July 2, 2015, the Defendant sent a text message to the Plaintiff that the first installment was delayed on July 2, 2015, with the deadline for the first installment under the instant agreement, and transferred KRW 1 million to the Plaintiff’s bank account. However, the Defendant did not pay the remaining money thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1 agreement, and at the bottom of this document, the defendant's signature and the private person stated in the bottom of this document are based on the defendant's own pen. Thus, the authenticity of the whole document is presumed to be established.

However, the Defendant’s portion of the intermediate part of the above document’s “F million won” was an official disturbance at the time of the Defendant’s signature or private person, and the Defendant and the Plaintiff voluntarily stated it despite the absence of the agreement on the part. However, the Defendant’s written statement submitted by Nonparty F to the court of first instance is insufficient to recognize it.

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