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(영문) 수원지방법원 2016.07.19 2015가단47965
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and C, the Plaintiff and C, who were awarded a contract for the ground-breaking work and the construction of new D Apartment (hereinafter “instant construction”), from the Jeon River Construction Co., Ltd., (hereinafter “the instant construction”), may be acknowledged if the Defendant was awarded a subcontract for the said ground-breaking construction from the Plaintiff and performed the construction work with the amount of KRW 80,00 won per vehicle taken out earth and sand. When the Plaintiff subsequently carried the 2,649 soil and sand into the site of the instant construction work, the fact that the Defendant brought the 2,649 soil and sand into the site of the instant construction work is not in dispute between the parties, or that the Plaintiff did not dispute between the parties, and that: (a) evidence No. 2, No. 4-4, and evidence No. 6, and witness E, and some testimony of F.

2. When the Plaintiff alleged to be the Plaintiff, the Defendant agreed to pay 40,000 won per vehicle to the Plaintiff in return for bringing in and treating his own soil and sand at the construction site of this case. Since it is difficult for the Defendant to do so, the Plaintiff was to receive KRW 20,000 per vehicle for soil and sand treatment expenses for April 2015.

The Defendant has the obligation to pay the Plaintiff expenses for disposal of earth and sand and the damages for delay, as the amount of soil and sand of 1,508 on April 2015 and 1,141 on May to the construction site of this case was brought into the construction site of this case.

3. As to whether the Defendant agreed to pay expenses for soil and sand treatment to the Plaintiff in return for bringing in and treating his own soil and sand at the construction site of this case, the following circumstances are revealed: (a) the Defendant paid expenses for transportation of KRW 60,000 to the borrower per vehicle for expenses for 65,00 won per vehicle for 1 soil and sand disposal work at the construction site of this case and for transporting soil and sand carried out or bringing in at the construction site of this case; and (b) under such circumstances, whether the Defendant paid expenses for transportation of KRW 75,00 to the Plaintiff per vehicle at the cost of soil disposal.

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