1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 3, 2017, the Defendant issued a contract to the D and E Limited Partnership (hereinafter “E”) with the Defendant’s welfare center site rearrangement work (hereinafter “instant construction work”) as KRW 19,756,00 (including value-added tax; hereinafter “instant construction work”) from March 3, 2017 to March 15, 2017, with the construction period fixed from March 3, 2017 to March 15, 2017.

(hereinafter “instant contract”). (b)

On March 9, 2017, the Defendant, as a trustor, and the Plaintiff and the trustee (collector) for the development of the scenic industry, signed an entrustment contract (hereinafter “instant entrustment contract”) under which the Defendant: (a) 300 tons of waste concrete discharged from the site of the instant construction project, per 25.5 tons of transport and disposal expenses per vehicle; and (b) 50 tons of construction waste per 25.5 tons of transport expenses and disposal expenses; and (c) 4.20,000 tons of construction waste per vehicle; and (d) the entrustment contract (hereinafter “instant entrustment contract”).

C. On March 13, 2017, the Plaintiff collected, transported, and disposed of each of the three waste quantities of waste concrete and construction waste (hereinafter “instant waste”). The disposal costs of the instant waste computed under the instant contract are KRW 2,211,00 (= KRW 4.250,00) X 3 to 201,00 (value-added tax).

D and E completed the instant construction on March 22, 2017, and the Defendant wired the instant construction cost of KRW 19,756,000 to E’s deposit account in accordance with the instant contract.

However, 7.560,00 won out of the above construction cost is paid as compensation for special wastes, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 5 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The summary of the party’s assertion (1) The Plaintiff prepared the instant consignment contract with the Defendant, and pursuant to the said contract, the instant wastes.