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(영문) 대전지방법원 2014.12.24 2014나12353
용역비
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 24, 2013, B Co., Ltd. (the representative director of the Defendant Company is the representative director; hereinafter “B”) entered into a contract with shareholders of the environment of the Defendant Company (C, D, E), C, and the state-owned company (hereinafter “State-owned”) to acquire the right to permit waste disposal business of the land and buildings located in the north-gun of Chungcheongbuk-gun owned by C, and the right to permit waste disposal business of the state-owned company. Of the down payment of KRW 500 million, KRW 200,000,000,000 from the transferor’s side to the disposal of the waste of the state-owned (hereinafter “the waste of this case”), and at the same time, agreed to substitute the disposal company’s direct payment of the disposal expenses within the limit of KRW 200,000 on behalf of the State-owned company.

B. Around May 2013, the State: (a) made the Plaintiff, etc. as the transporter; and (b) concluded the instant waste disposal contract with the disposal manager as the Plaintiff, etc. with the content that the disposal manager is KRW 4,000 per ton transport cost, KRW 30,000, and KRW 30,000; and (b) the State made the Defendant jointly and severally guaranteed that the disposal cost for the State’s petition should be paid to the Defendant to the extent that it does not exceed KRW 200,000,000,000.

C. From May 29, 2013 to June 1, 2013, the Defendant treated the instant wastes from May 29, 2013 to June 1, 2013, and the Defendant paid a total of KRW 63,876,956 (i.e., KRW 36,048,738, KRW 27,828,218) to the petition.

After that, in the process of treating the instant wastes, waste disposal was suspended due to a fire, and the State entered into a contract with the Plaintiff on June 7, 2013 on collection, transportation, and disposal of the instant wastes in KRW 36,000 per ton.

E. The Plaintiff treated the instant wastes from June 10, 2013 to June 15, 2015, and the Defendant treated the instant wastes on June 18, 2013, KRW 50,084,496.

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