물품대금 등
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 12,071,256 won and 12,000 won.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The Plaintiff’s business is a corporation that collects and utilizes recyclables, etc. discharged from multi-family housing in Ulsan Slsan, and the Defendant is a private business entity that collects and recycles clothes, shoes, etc. among recyclables.
B. On October 25, 2012, including the conclusion of the instant contract, the Plaintiff and the Defendant concluded a contract for the supply of recycled products including the following:
(hereinafter “instant First Contract”). - The Defendant shall pay the Plaintiff the price and collect and utilize recyclables, such as clothes, shoes, etc. discharged within the Plaintiff’s workplace.
- The defendant shall pay 5,000,000 won to the plaintiff as contract bond.
- The term of contract is from October 25, 2012 to October 24, 2013.
The Defendant paid KRW 5,00,000 to the Plaintiff as the contract bond under the instant contract No. 1, and commenced the transaction of supplying recycled products. However, the Plaintiff and the Defendant terminated the said contract on January 2013.
C. On January 17, 2013, including the conclusion of the instant contract, the Plaintiff and the Defendant concluded a contract for the supply of recycled products including the following:
(hereinafter referred to as “instant second contract”). - The Defendant collects and utilizes recyclables, such as clothes and shoes, discharged from multi-family housing, such as “B apartment” in the Plaintiff’s place of business.
- The defendant shall pay 23,104,650 won to the plaintiff on the fifth day of each month in advance, and shall be calculated by taking into account the number of households and unit prices thereafter.
- The defendant shall additionally pay to the plaintiff KRW 5,000,000,000, as a contract bond, additional KRW 23,104,650,00.
- The term of contract is from February 1, 2013 to January 31, 2014.
The Defendant paid 23,104,650 won to the Plaintiff as the contract bond, and was supplied by the Plaintiff in accordance with the instant contract No. 2.
(1) The Plaintiff and the Defendant concluded the instant third contract on February 28, 2014.