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(영문) 대구지방법원 2016.06.10 2014가합7395
공사대금 등
Text

1. The Defendant’s KRW 191,516,020 as well as the Plaintiff’s annual rate from August 26, 2014 to June 10, 2016.

Reasons

1. On September 13, 2013, the Plaintiff, including the Plaintiff’s implementation of the instant construction works, paid KRW 3,564,60,00 in total, including KRW 452,579,60, and KRW 2,874,600, as well as KRW 3,564,600, and KRW 3,564,000, which were paid by the Defendant to the Plaintiff in connection with the instant construction works, after completing the instant construction works upon entering into a contract with the Defendant for the supply of and demand for the instant construction from the Defendant (hereinafter “instant construction”). Since the Plaintiff did not have any dispute over the remainder of KRW 258,00,000, and damages for delay under the contract with the Defendant, the Defendant did not have any obligation to pay the Plaintiff the aforementioned evidence No. 11, and the Plaintiff did not have any other obligation to pay the Plaintiff the aforementioned evidence No. 1, as a whole, barring any dispute over the Plaintiff’s evidence No. 11.

2. The defendant's assertion and judgment

A. (1) The Defendant asserted forgery, etc. (1) filed the Plaintiff’s claim with the following purport: (a) the Plaintiff prepared a construction work alteration contract (No. A. 1; hereinafter “instant contract”) on September 13, 2013; (b) using the Defendant’s seal without authority and forged it.

(2) If the seal imprinted by the holder of a title deed affixed on a private document is affixed with his/her seal, the authenticity of the document shall be presumed, barring any special circumstance. Once the authenticity of the document is presumed, the authenticity of the document shall be presumed in accordance with Article 358 of the Civil Procedure Act. The defendant's seal affixed on the contract of this case shall not be disputed between the parties, and thus the authenticity of the contract shall be presumed to have been established.

(3) The defendant alleged that B had forged the instant contract by using B's seal without permission, but only the evidence submitted by the defendant can be recognized.

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