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(영문) 수원지방법원 평택지원 2018.07.19 2017가단54881
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. On June 4, 2016, the Plaintiff concluded a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 1230,000,000.

B. On February 2, 2017, Company D (hereinafter referred to as “Stock Company”) sent to the Plaintiff a certificate of the purport that “A construction waste was disposed of during construction works from October 14, 2016 to December 30, 2016, and the construction waste transport and disposal cost was paid by February 15, 2017,” and the Plaintiff paid KRW 35,090,000 as waste disposal cost at the end of negotiations with D on February 21, 2017.

C. Meanwhile, on December 21, 2016, Defendant C drafted the following commitments to the Plaintiff.

hereinafter referred to as "the letter of undertaking of this case"

2) Each entry of evidence Nos. 2, 5, 8, and 12, and the purport of the entire pleadings and arguments Nos. 2, 2, 5, 8, and 12

2. The assertion and judgment

A. On August 12, 2016, the gist of the Plaintiff’s assertion: (a) the Plaintiff concluded a contract with the Plaintiff for the removal of two existing buildings; (b) the J received a contract with the Plaintiff on October 12, 2016; and (c) the J placed the Plaintiff in charge of the construction of soil transport services from the tamping construction.

He/she has been in charge of waste treatment of 98 tons of 25 tons of dump truck from November 7, 2016 to November 19, 2016.

Since the J does not include waste disposal costs in the soil work entrusted by it, the Plaintiff paid KRW 35,090,000 to D.

The Defendant Company, a seller, bears the warranty liability equivalent to the waste disposal cost pursuant to Article 580(1) of the Civil Act against the Plaintiff, the buyer, and the Defendant C is jointly and severally liable with the Defendant Company to pay the waste disposal cost pursuant to the instant undertaking.

B. Determination Gap's video evidence No. 4, Gap evidence No. 5, witness L's testimony, corporation I and J respectively.

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