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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. On November 5, 2014, E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) concluded a contract with the Defendant for the construction cost of KRW 2,365,00,000 (including value-added tax) for the instant construction work, and from November 10, 2014 to February 20, 2015. On November 19, 2014, the Defendant subcontracted the Plaintiff with the construction cost of KRW 154,00,000 (including value-added tax) for the instant construction work and the period of construction from November 19, 2014 to December 10, 2014.
(hereinafter “instant subcontract”). (b)
At the time of entering into the instant subcontract between the Plaintiff and the Defendant, the non-party company and the Defendant, the owner of the instant subcontract, as the site manager, D guaranteed the obligation to pay the subcontract price to the Plaintiff.
C. Although the Plaintiff completed the subcontracted project in this case, the Defendant agreed to pay the Plaintiff a total of KRW 154,000,000 and incidental expenses of KRW 5,000,000,000, and KRW 159,000 on two occasions, including December 30, 2014 and January 30, 2015, and did not pay the Plaintiff at all.
The non-party company was merged with C on November 26, 2014.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. According to the above-mentioned basic facts as to the cause of the claim, the Defendant is jointly and severally liable with C and D to pay the Plaintiff the sum of KRW 159,00,000,000 for the construction cost, etc. of the subcontract in this case and delay damages therefor.
3. Judgment on the defendant's defense
A. Counterfeit 1) The Defendant asserted that the instant subcontract agreement (No. 2, No. 1) was forged. 2) The Defendant prepared the instant subcontract agreement between the Plaintiff and the Defendant in the first written reply dated June 19, 2015.