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(영문) 전주지방법원 2020.11.05 2020가합1164
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The summary of the cause of the claim C Co., Ltd. (hereinafter “C”) is the owner of the instant building D ground neighborhood living facilities (hereinafter “instant building”). The Defendant, as a contractor awarded a contract with C for the construction of the instant building, ordered metal and windows during the construction to the Plaintiff, as the contractor awarded a contract with C for the construction of the instant building.

Since then, even though the Plaintiff completed all of the construction works of the building of this case, the Defendant did not pay the Plaintiff the total amount of KRW 340 million for the construction cost and the additional construction cost, the Defendant is obligated to pay the Plaintiff KRW 340 million for the construction cost and the delay damages therefor.

2. If, barring any special circumstance, the authenticity of the seal imprinted on the private document’s seal imprinted by his/her seal imprinted, barring any special circumstance, it is presumed that the authenticity of the seal imprinted is established. Once the authenticity of the seal imprinted is presumed, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act. However, the presumption that the authenticity of the seal imprinted is attributable to the intent of the holder of the title deed, i.e., the establishment of the seal imprinted by the holder of the title deed, is de facto presumed. Thus, if a person disputing the authenticity of the seal imprinted by the court proves circumstances that the act of affixing the seal imprinted

In addition, considering the fact that the existence and content of the declaration of intent according to the contents of the document should be recognized in the absence of any clear and acceptable reflective evidence that the authenticity of the document is recognized, it should be careful in estimating the authenticity of the document by the seal of the person under whose name the document was prepared.

(see, e.g., Supreme Court Decision 2014Da29667, Sept. 26, 2014). The Plaintiff, as evidence to support the cause of the instant claim, directly pays a standard subcontract for construction works with Gap evidence Nos. 1 and 2, and a subcontract consideration.

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