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(영문) 제주지방법원 2018.11.06 2017가단60590
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. With respect to the Plaintiff and Seopo-si D’s model cargo removal site (hereinafter “the construction site of this case”), the Defendants decided to remove the relevant model cargo, etc. at the construction site of this case, and to remove the remaining wastes at the expense of the Defendants.

(hereinafter “instant agreement”). (b)

The Defendants, from July 3, 2017 to the instant construction site from around July 3, 2017, performed the work of separation and removal of scrap and waste, etc., but the Defendants asserted that, on July 17, 2017, the Plaintiff brought scrap metal in the construction site to the construction site, and the Defendants filed a complaint against Defendant B on suspicion of larceny.

C. On July 19, 2017, the Plaintiff sent to the Defendants a certificate of content that “it is required to claim all expenses, such as waste disposal expenses, etc. paid by us after the suspension of work.”

On March 8, 2018, the Jeju District Prosecutors' Office rendered a non-prosecution disposition on the ground that the above accusation case against Defendant B on the ground that "at least evidence is insufficient to deem that he/she would have brought an scrap against the Plaintiff's will."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 14 (including evidence of provisional number; hereinafter the same shall apply), Eul evidence Nos. 7 and 10, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although the Defendants asserted that all wastes within the instant construction site were to be disposed of by July 17, 2017, the Defendants did not collect wastes, unlike the initial expectation, that would result in a large volume of solid waste, and that would result in a large volume of waste.

Ultimately, the fiduciary relationship between the parties was broken due to the Defendants’ responsibility. On July 17, 2017, the Plaintiff filed a complaint against Defendant B on the charge of larceny, and the instant agreement was lawfully terminated.

Accordingly, the Plaintiff collected wastes from the construction site of this case in total of KRW 54,929,160 on behalf of the Defendants.

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