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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
The plaintiff is a company that carries on construction soil transportation business, etc., and the defendant is a company that carries on soil construction business.
SK Construction Co., Ltd. (hereinafter referred to as the “SK Construction”) entrusted services for transporting soil and sand, etc. arising from the redevelopment site of the apartment complex C (hereinafter referred to as the “instant construction site”) to D Co., Ltd. (hereinafter referred to as “D”), and D re-entrusted this to the Defendant.
On April 28, 2014, the Defendant entered into a contract with U to entrust the Plaintiff with the transportation services of the said soil and sand (hereinafter “instant contract”) with the introduction of U, and drafted the following contract (hereinafter “instant contract”).
The On-site name of the contract: CK redevelopment site A: The plaintiff A; the defendant A; the above-mentioned agreement is made as follows:
1. Topths of earth and sand (referred to as "stophode").
2. 41,000
3. 뻘 @ 134,000
4. 마른뻘 @ 120,000 반출 단가는 상기와 같이 약정하며 현장관리는 아래와 같이 약정한다.
1. On-site transfer shall be managed concurrently by the plaintiff;
2. The Defendant A (U) shall manage only the whole framework with D of a specialized construction business chain;
3. Prior consultation with the Plaintiff at the time of entry into the field from the standpoint of Party A.
4. Payment of a fixed term shall be completed at the scene (25 days) and payment shall, in principle, be made on the sixth day of each month to which D is paid;
Defendant V Plaintiff (WU) transported soil and sand, sand, and high-quality soil and sand generated at the construction site of this case from April 28, 2014 to September 2014.
The plaintiff had the owner of dump truck dump truck dump truck dump truck dump truck dump truck dump dump dump dump dump dump dump dump
From June 20, 2014 to November 11, 2014, the Defendant paid to the Plaintiff totaling KRW 780,207,479 as the transportation cost under the instant contract, and the Plaintiff from the Plaintiff.