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(영문) 광주지방법원 2015.11.25 2015나7271
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On August 5, 2014, the Plaintiff was requested by the Defendant to transport and dispose of construction waste emitted from the construction site for the removal of one house in the Hancheon-si, Seocheon-si, Seocheon-si, Yok-si (including additional taxes) for 220,000 won per 25 tons of truck (including 25 tons of truck) and the Plaintiff transported and disposes of 12 minutes of truck around that time, there is no dispute between the parties.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 2,640,00 (=220,000 x 12) and damages for delay, barring any special circumstances.

2. On the judgment of the defendant's defense, the defendant set up a defense for payment, and the fact that the defendant paid KRW 2,640,000 to the plaintiff through A on September 4, 2014 is not a dispute between the parties, and therefore the above defense is well-grounded.

3. As such, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per

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