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(영문) 서울중앙지방법원 2016.01.15 2015가합5700

기타(금전)

Text

1. The Defendant’s KRW 6,388,074 as well as the Plaintiff’s annual rate of 5% from November 11, 2015 to January 15, 2016.

Reasons

1. 12,184,62,163,000,000,000 square meters in total for disposal of waste-type quantity (e.g., volume of waste-type (e., quantity discharged) in the course of the dispute in the instant case, and the total quantity of waste-type service (the unit price x 12,184,62,163,010 square meters for waste-type concrete to be disposed of at least 16,516,516,50,000,000,000

A. On October 30, 2008, the Defendant: (a) removed the buildings and obstacles located in the Danjin-gun Urban Development Project Area of Chungcheongnam-gun, Chungcheongnam-gun; and (b) entrusted the collection and disposal of construction wastes to the Plaintiff (collecters) and Aju-gun Industrial Co., Ltd.; (c)

(hereinafter “instant service contract”). The quantity and the amount of services specified in the instant service contract are as specified in the following table:

Article 2 (Terms and Conditions of Contracts) The types and unit prices of construction wastes shall be as specified above, and the defendant shall pay advance payment (10% of the total contract amount) to the plaintiff and the ASEAN removal industry, and the payment shall be made in consultation with the plaintiff and the ASEAN removal industry, together with the accompanying documents (contract execution securities and advance payment guarantee). The defendant shall pay it within 14 days from the date of the claim.

Matters of special agreement

1. The structures (including floors) indicated in the accompanying drawings and estimates shall be all handled within the contract amount, regardless of the type and quantity increase or decrease;

The main contents of the instant service contract are as follows.

B. Upon entering into the instant service contract, the Defendant paid KRW 35,000,000 to the Plaintiff at the same time.

C. Under the instant service contract, the Plaintiff provided the Defendant with services for collecting and disposing of construction wastes, and on February 10, 2009, filed a claim for KRW 113,640,000, 64,700,000 on May 26, 2009, and KRW 43,60,000 on April 19, 201, respectively.

The defendant has a single term of 78,640,000 won (86,504,000 won if the value-added tax is included) and two times.