운반대금
1. The Defendant shall pay to the Plaintiff KRW 66,916,00 per annum from July 12, 2016 to the day of complete payment.
1. Facts of recognition;
A. As of March 7, 2016, the Plaintiff, the Defendant, and the Fixed Industry Co., Ltd. concluded an entrustment contract for construction waste collection, transportation, and disposal services (hereinafter “instant contract”) with the content that the Plaintiff collected and transported wastes from KRW B of the wife population B at the time of the Defendant to the Fixed Industry Co., Ltd. when transporting the wastes to the Fixed Industry Co., Ltd.
According to the instant contract, 30,000,000 won prior to the shipment of wastes shall be paid in advance, and the balance shall be paid in cash within a month after the disposal of wastes.
B. By March 2016, the Plaintiff collected and transported construction waste, etc. under the above contract, and the transportation cost reached KRW 91,916,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 25,00,000 after deducting the Plaintiff’s payment from KRW 91,916,00,000, and damages for delay at the rate of KRW 66,916,00 after the date of the above payment, which is the day following the delivery of the copy of the complaint of this case from July 12, 2016 to the day of complete payment, according to the Plaintiff’s claim, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.
3. Determination as to the defendant's assertion
A. The Defendant asserted that the Defendant paid only KRW 25,00,000 as down payment to C, an employee of the fixed industry corporation, with the payment of the remainder of the cost of disposal as at the end of December, 2016. However, C signed the instant contract on the sole basis of the fact that C merely takes the instant contract and prepares it formally.
Nevertheless, on March 17, 2016, prior to the arrival of the end of December, 2016, the Plaintiff suspended the processing of the Plaintiff’s claim in this case.