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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a contract with the Defendants for the construction of housing site (hereinafter “instant construction”) among the new construction works of multi-family houses in the same year and completed the instant construction works around June 2016.
B. The Defendants paid KRW 30 million to the Plaintiff regarding the instant construction project.
【Ground of recognition】 The fact that there has been no dispute, Eul's evidence 3-3, 4, and 5, the purport of the whole pleading
2. Summary of the parties' arguments
A. As indicated in the Plaintiff’s Certificate No. 1 (Contract), the Plaintiff was awarded a contract for the instant construction work with the Defendants as KRW 50 million for the construction cost.
Although the Plaintiff completed the instant construction work, the Defendants paid KRW 30 million as the construction cost. As such, the Defendants are jointly and severally liable to pay the Plaintiff the construction cost of KRW 220 million and delay damages.
B. The Defendants ordered the instant construction work to the Plaintiff by setting the construction cost of KRW 30 million and paid the Plaintiff the full amount of the said construction cost. Thus, there is no further amount of money to be paid.
The evidence No. 1 (contract) submitted by the plaintiff was forged.
3. Determination
A. The submission of the document by Gap evidence No. 1 (contract) must be the original, and the submission of evidence by simple copies, not the original, is unlawful in principle because there is no guarantee of accuracy. Thus, if there is dispute over the existence of the original and the authenticity of the establishment of the original, and there is an objection against the other party regarding the substitution of the original, the copy may not be substituted by the original. On the other hand, if the copy is submitted as the original, the copy shall not be an independent documentary evidence, but the original shall not be deemed to have been submitted by the evidence, and in this case, there is the same original as the copy by the evidence.