물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Where a fire occurred in a C factory operated by the Plaintiff, the Plaintiff shall collect the remainder from the Defendant at the above site, and the Defendant shall pay the price to the Plaintiff, but the Defendant did not collect the remainder only and pay the price.
Therefore, the defendant is obligated to pay to the plaintiff 3,261,00 won for scrap metal and damages for delay.
2. According to the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 (including each number), the fact that the plaintiff entrusted D with the management of the fire site of the factory Eul on October 6, 2015 can be acknowledged that the defendant's representative removed the scrap metal from the fire site at the fire site at the fire site at the fire site at the fire site at the fire site at the fire site and delivered the measurement mark to D, and that D delivered the measurement mark to the plaintiff.
However, in light of the following circumstances that can be acknowledged by comprehensively taking account of the purport of testimony and the entire argument of the witness E of the first instance trial, it is insufficient to recognize that the aforementioned facts alone are insufficient to acknowledge that the Plaintiff and the Defendant entered into a contract to collect scrap metal at the fire site and to pay the scrap metal. Rather, the possibility that E entered into a contract to collect scrap metal through D with the Plaintiff and agreed to entrust the disposal of scrap metal collected between the Defendant and to receive the payment thereof cannot be excluded.
① E prepared and submitted a written estimate for the treatment of scrap metal at a fire site to D, and D delivered it to the Plaintiff.
② On October 6, 2015, the Defendant, a seller of scrap metal, collected scrap metal with E at the request of E, and it seems that there was no contact with the Plaintiff or D with the Plaintiff before that collection.
③ According to E’s testimony, the Plaintiff is also paid the cost of removal work after deducting the cost of removal work from the cost of removal and removal of scrap metal. In such cases, the Plaintiff is also required to calculate the cost of construction.