beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 12, 2012, the Defendant entered into a subcontract with C (hereinafter “C”) and completed the construction work with respect to the title and interior works, among the new construction works of D D D D D D D D D D, a permanent resident, with which the construction cost is KRW 35 million (hereinafter “instant subcontract”).
The Plaintiff’s payment guarantee agreement regarding C’s obligation for the construction price to the Defendant is concluded in the instant subcontract.
B. The Defendant guaranteed the Plaintiff’s obligation to pay the construction price to the Defendant under the instant subcontract to the Daegu District Court. C and the Defendant applied for a payment order claiming the payment of the unpaid construction price and the delayed payment damages therefor, and on December 11, 2013, “the Plaintiff shall pay the Defendant KRW 250 million and its delayed payment damages,” which received the payment order ( Daegu District Court Decision 2013Hu9436, Dec. 11, 2013; hereinafter “instant payment order”), and the instant payment order was served on the Plaintiff on December 17, 2013, and became final and conclusive January 1, 2014.
[Ground for recognition] The plaintiff No. 1, Eul evidence No. 1, Eul evidence No. 1 asserted that the plaintiff is not the plaintiff, but Eul evidence No. 3, Eul evidence No. 4 (including paper numbers), and according to the result of this court's verification of the comparison of the plaintiff's seal No. 1, Eul evidence No. 3-2 is shown to be identical with the plaintiff's seal No. 3-2, and Eul entered into a subcontract for the construction of the plaintiff's own creamble, new letter production, and field construction in the loan of this case, which are viewed after the plaintiff, and Eul completed the construction work (this contract No. 3-2 (standard contract for private construction work)). After completing the construction work, the plaintiff filed a claim against the plaintiff under the Daegu District Court's 2013Da22816 on the ground of evidence No. 3-2.