A. The Defendant is a contractor of the “F new construction project” located in the Nam-gu Incheon Metropolitan City E (hereinafter “instant construction project”), and the Plaintiff is an enterprise that transports and disposes of construction waste at the construction site of this case.

B. The Plaintiff collected and transported construction wastes, such as waste asphalts, mixed wastes, and waste synthetic resin, which were generated at the construction site of this case. A tax invoice was issued by a person supplied with the Defendant, and the Defendant was paid the waste disposal cost incurred during the period from April 5, 2016 to September 29, 2017 by the Defendant.

In addition, around November 2017, the Plaintiff and the Defendant drafted an entrustment contract for construction waste collection and transportation disposal (hereinafter “instant contract”) with the content that the Defendant entrusts the Plaintiff with the collection and transportation of construction waste, such as waste asphalt, mixed waste, waste synthetic resin, etc., generated at the construction site of this case.

C. Thereafter, the Plaintiff issued a tax invoice of KRW 30,360,000 for the disposal cost of August 2017 (including value-added tax; hereinafter the same shall apply), KRW 30,316,00 for the disposal cost of September 2017, KRW 18,282,00 for the disposal cost of October 2017, KRW 11,704,00 for the disposal cost of November 2017, KRW 946,00 for the disposal cost of December 2017, KRW 2,046,00 for the disposal cost of January 2, 2018, and KRW 1,100 for the disposal cost of March 1, 2018, KRW 94,754,00 for the disposal cost of KRW 94,754,00 for the disposal cost of October 20.

On April 27, 2018, G, an employee of the Defendant, prepared a document stating that he would pay the Plaintiff the waste disposal cost of the instant construction site by June 30, 2018, and the Defendant paid KRW 28,096,200 to the Plaintiff on June 22, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. The Defendant entered into a subcontract with H, etc. in relation to the instant construction project, and treats wastes from each subcontractor in charge of each type of construction work. Thus, each subcontractor is the original subcontractor.