beta
(영문) 부산지방법원 2018.08.22 2017나7016

용역비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. The Plaintiff, a company that runs the Plaintiff’s claim general waste disposal business, entered into a service contract with the Defendant that is a company that runs the business of collecting and transporting construction wastes, and transports and disposes of construction waste at the Defendant’s request from April 30, 2014 to December 31, 2016, the Defendant is obligated to pay the Plaintiff the service price of KRW 17,792,60, and the delay damages therefrom.

1) The plaintiff's assertion 1) concluded a service contract with the non-party company A (hereinafter "the non-party company") and provided the non-party company with the services such as waste transport and disposal. Thus, the plaintiff's claim against the defendant is without merit. 2) Even if not, the plaintiff and the defendant jointly concluded a service contract with the non-party company. The defendant is obligated to pay the service price to the plaintiff after receiving the service price from the non-party company in accordance with the above contract. 3) The plaintiff concealed the fact that the defendant received the service price from the non-party company in accordance with the waste disposal company's practice and transferred the service price to the plaintiff. The plaintiff claims the non-party company for the payment of the service price to the non-party company but did not receive the service price from the non-party company. The plaintiff's claim for

A. According to the statement of evidence No. 1 of the service contract B, the Plaintiff and the Defendant around April 2015 between the non-party company and the non-party company: (a) paid in cash within the last day of the following month after the disposal of the instant construction work; (b) the term of the contract for entrustment: From April 30, 2015 to May 30, 2015; and (c) the truster (discharger): the non-party company, the trustee (collector), the Defendant, and the trustee (treatment): the contract for waste collection, transportation, and disposal services (hereinafter “the instant contract”).