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(영문) 대구지방법원 2018.11.09 2018가단12978
공사대금
Text

1. Defendant Small and Medium Business Co., Ltd. shall pay to the Plaintiff KRW 70,000,000 as well as its full payment from June 29, 2018.

Reasons

1. A claim against Defendant Small and Medium Enterprise Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant B and C

A. The Plaintiff’s assertion was accepted by the Defendant Company as a subcontract for the new construction of the Gwangju City D and E-ground multi-family house, and the Plaintiff, the owner of the building, Defendant B and C, the father of the said Defendants, prepared a written confirmation of payment that the Plaintiff would pay KRW 5860,000 to the Plaintiff within one month after the completion of the construction, and thus, Defendant B and C should jointly pay the remaining subcontract price to the Plaintiff jointly and severally with the Defendant Company 49 million.

B. The judgment of Defendant B and C did not have affixed a seal on the evidence of the Plaintiff for direct payment agreement, and there is a dispute that the above Defendants’ name next thereto is not based on their seal. Thus, the Plaintiff must prove the authenticity of the evidence No. 2.

However, the above defendants' identification card or certificate of personal seal is not attached to the above defendants' identification card, and the stamp image affixed by the defendant C's name is inconsistent with the defendant C's personal seal impression (Evidence No. 4) even if it is based on the land, the evidence recorded in the records of this case alone is insufficient to recognize the authenticity of Gap's identification card No. 2, and there is no other evidence to acknowledge it otherwise.

3. In conclusion, the plaintiff's claim against the defendant company is justified, and each claim against the defendant B and C is dismissed as it is without merit. It is so decided as per Disposition.

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