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(영문) 울산지방법원 2016.12.22 2016나1540
용역비 등
Text

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.

Reasons

1. Basic facts

A. On April 20, 2014, the Defendant sold a large volume of 224 square meters, etc. to C in Yangsan-si. In this context, the Defendant and C agreed to bear 50% of the disposal cost, if the waste is removed from the floor due to a special agreement.

B. On May 9, 2014, the Plaintiff and B drafted a construction waste disposal contract with the purport that the Defendant entrusted the Plaintiff with the disposal and transportation of construction waste in the E-site of the removal of buildings in Gyeyang-si (hereinafter “instant contract”). The Plaintiff and B affixed the Defendant’s seal on the name of the Defendant and entered the Defendant himself as a joint guarantor.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant delegated B with the conclusion of a construction waste disposal contract, and B drafted the instant contract with the Plaintiff as the Defendant’s representative. Although the Plaintiff completed construction waste disposal pursuant to the said contract, the Defendant paid only KRW 8 million out of the construction waste disposal and transportation cost, and did not pay the remainder of KRW 8.72 million.

B. Even if not authorized to act on behalf of the defendant B,

Even if the defendant is liable for the expression agency, the defendant must be liable for it.

3. The plaintiff alleged that he/she was authorized to prepare the instant contract on behalf of the defendant on behalf of the defendant, and thus, the following facts or circumstances, which can be acknowledged by comprehensively taking into account the respective descriptions and arguments stated in subparagraphs 1 through 4, namely, the defendant agreed to bear 50% of the cost of disposal if he/she purchased the land to C on April 20, 2014 and removed the floor (e.g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.

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