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1. The Defendant’s KRW 19,650,00 for the Plaintiff and KRW 5% per annum from December 8, 2016 to January 17, 2018.
Reasons
1. Basic facts
A. B, on May 13, 2016, on behalf of the Plaintiff, agreed to set up an agreement between C and C representing the Defendant, and the Gancheon-gun, Gyeongcheon-gun, the Defendant’s land, to set up a lot of 2,496 square meters in lots.
B. From May 13, 2016 to June 10, 2016, the Plaintiff subdivided the instant land into 655 tons of dump trucks with soil of 25.5 tons.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, and 10, witness B's testimony, the purport of the whole pleadings
2. The plaintiff asserts that he received 50,000 won per truck from the defendant, and that he returned the land of this case. The defendant asserts that the plaintiff had recovered the land of this case without compensation. A.
In light of the fact that the defendant, without any special reason, re-appellants his argument that the plaintiff agreed to return to the plaintiff free of charge and that the plaintiff did not set a specific amount at the time of the agreement, but the defendant alleged to the effect that he requested the plaintiff to return to the plaintiff for the return (the above reply does not specify the amount at that time. The above reply states that "I would not specify the amount at that time. I would like to put in the low price because I would have to promptly dispose of soil at the Do office without fixing the construction cost." It is difficult to view that the defendant agreed to return to return to the plaintiff free of charge. However, it is reasonable to view that the defendant requested the return to return to the plaintiff on the premise that the defendant would pay to the return to the return.
B. In the amount of the cost of molding construction, the witness B agreed to receive 50,000 won per truck and agreed to perform molding construction. However, in light of the fact that the above witness agreed to do so directly with C upon the Plaintiff’s delegation, etc., the evidence submitted by the Plaintiff, such as the testimony of the above witness or the statement of evidence No. 3, is alone the Plaintiff and the Defendant.