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(영문) 수원지방법원안양지원 2016.11.30 2016가단3759
운반처리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. On December 16, 2015, the Plaintiff’s summary of the Plaintiff’s assertion: (a) concluded an entrustment contract for the collection, transportation, and disposal of construction waste; and accordingly, transported and disposes of waste concrete 1075.75 tons; (b) accordingly, the Plaintiff sought payment against the Defendant of the cost of disposal (i.e., KRW 22,50 per ton x 75 tons).

B. On December 14, 2015, the Defendant’s summary of the Defendant’s assertion entered into a contract for the removal of a building on a parcel of land outside D and one parcel of land between B and C through B, and the said contract includes the part concerning the collection, transportation, and disposal of construction waste generated in the course of the removal of the building.

The contract for the collection, transportation, and disposal of construction waste on December 16, 2015, on which the Defendant affixed the Plaintiff as the truster and the representative trustee, is merely formally prepared to the competent authority for the report of a construction waste disposal plan, and there is no fact that the Defendant directly entered into an entrustment contract, such as the written contract, with the Plaintiff.

2. According to the statement in Gap evidence No. 1, in relation to the removal work of building D and one parcel of land (hereinafter “instant building”), the fact that the defendant, with respect to the disposal of waste concrete, etc., was written on a construction waste collection, transportation, and disposal entrustment contract (hereinafter “instant contract”) signed on December 16, 2015 with the Plaintiff’s representative trustee, is recognized.

However, in full view of the following circumstances acknowledged by the facts without dispute, Eul's entries in Eul Nos. 3, 5, 9, and 12 (including paper numbers), witness B, and Gap's testimony and arguments, it is reasonable to view that Gap entered into a subcontract with the plaintiff for the collection, transportation, and disposal of construction waste of the building of this case, and that the contract of this case between the original defendant and the defendant was prepared in its form. Thus, the contract of this case is directly entered into with the defendant.

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