beta
(영문) 광주지방법원 2017.01.10 2016가단509629

용역비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On September 2015, the Plaintiff entered into an entrustment contract with the Defendant regarding construction waste collection, transportation, and disposal services with respect to construction waste construction among the D apartment construction works implemented in the Seoul Northern-gu, Gwangju, through the site manager of the Defendant’s site, and agreed to receive the service payment in cash within 30 days after the end of each month.

B. The Plaintiff did not receive a total of KRW 100,661,000 from the Defendant, even though he/she collected, transported, and disposed of construction waste in accordance with the above contract.

C. Therefore, the Defendant is liable to pay the Plaintiff the service price of KRW 100,661,00 and damages for delay.

2. As to whether an entrustment contract for construction waste collection, transportation, and disposal services was concluded between the Plaintiff and the Defendant, each entry in Gap evidence Nos. 2 and Gap evidence Nos. 4-2, which correspond thereto, is not trustable in light of the following circumstances, and there is no other evidence to acknowledge it otherwise.

Rather, comprehensively taking into account the purport of the arguments as to evidence Nos. 9-2 through 4, evidence Nos. 10-2, evidence Nos. 10-2, evidence Nos. 1 through 4, evidence Nos. 2 and 3-1 through 6, evidence Nos. 4-1 through 5, evidence Nos. 6-1 through 4, evidence Nos. 10-1 and 10-2, and the purport of the whole pleadings between the defendant and the limited liability company E (hereinafter “E”) in which the actual involvement in B on Sept. 23, 2015, among new construction of D apartment units, the removal of construction cost of KRW 159,50,00,00, and construction period of KRW 4-1 through 6, and the total removal of construction cost of KRW 159,50,00 from Sep. 23, 2015 to KRW 15,216,2016.