폐기물처리용역대금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
The judgment on the cause of the claim is based on Gap evidence Nos. 2 (the waste collection and transportation contract, and the defendant's seal impression part is presumed to be the authenticity of the entire document. The defendant defense to the effect that the document was forged or made up by deception, but the evidence submitted by the defendant alone is insufficient to acknowledge it, and no other evidence is found to prove it) and evidence Nos. 3. The following facts are as follows: ① the plaintiff and the defendant entered into a waste collection and transportation contract on March 12, 2018, stating that "the defendant entrusted the plaintiff with the collection, transportation, and disposal of wastes generated from the service site, and shall pay 285,000 won per ton to the plaintiff for the collection, transportation, and disposal expenses of the waste (hereinafter "the contract of this case"); ② The defendant can acknowledge the fact that he disposed of wastes in accordance with the contract of this case, and the plaintiff received KRW 21,496,650 among the waste disposal expenses.
According to the above facts, the defendant is obligated to pay the remaining waste disposal costs to the plaintiff 16,496,650 won and delay damages.
The defendant's assertion on the defendant's defense that is the representative of C has taken over the defendant from D who actually operated the defendant.
D After transferring the Defendant to C, the instant contract was entered into with the Plaintiff under the name of the Defendant without authority to treat wastes discharged by E.
In consideration of the aforementioned circumstances, the Plaintiff was directly paid the waste disposal costs under the instant contract from E/D, and exempted the Defendant from his/her obligation.
Therefore, the defendant is not obligated to pay waste disposal costs to the plaintiff.
Judgment
On May 24, 2018, before the Plaintiff filed the instant lawsuit, F and the Plaintiff’s husband, who were the husband of D, E, and Defendant C, and the wastes disposed of by the Plaintiff under the instant contract, before D transfer the Defendant to C.