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1. Revocation of a judgment of the first instance;
2. The Defendants are jointly and severally liable to the Plaintiff for 12,534,000 won and the said amount on October 26, 2013.
Reasons
1. Facts of recognition;
A. According to the entry of the evidence No. 3 from May 25, 2012 to June 10, 2012, Defendant A, under the trade name of “C” on April 30, 2012, stated that the period of removal is from May 25, 2012 to June 10, 2012, the period of removal is from May 25, 2012 to “from June 10, 2010,” but it appears that it is a clerical error as of June 10, 2012.
In conclusion, the building removal contract is concluded, and D is the building of this case located in Seongdong-gu Seoul Metropolitan Government E and F.
B) Under the above building removal contract, Defendant A paid D KRW 20,00,000 on August 7, 2012, and KRW 42,50,00,00 on August 14, 2012, and KRW 6,188,160 on August 24, 2012. Meanwhile, the Plaintiff received from D the total amount of KRW 41,734,00 from July 18, 2012 to August 4, 2012, the total amount of KRW 29,20,00,00,00 from D’s waste transport and disposal expenses, and the remainder of KRW 20,00,00,00 on August 24, 2012, and offered evidence Nos. 361 to Party A’s evidence 20,00,000 to Party A’s evidence No. 375,50, and the remainder of No. 15,015,00.
2. Determination on a claim made under construction waste collection, transportation, disposal, or entrustment contract
A. On June 26, 2012, the Plaintiff entered into a construction waste collection, transportation, disposal, and consignment contract with Defendant B and Seongdong-gu Seoul (hereinafter “construction waste collection, transportation, disposal, and consignment contract”) with Defendant A and Seongdong-gu Seoul (hereinafter “construction waste collection, transportation, disposal, and consignment contract”) respectively, and accordingly, collected, transported, and treated wastes generated from the instant building in an interim manner.