공사대금
The judgment of the first instance shall be revoked.
2. The defendant shall pay to the plaintiff KRW 62,352,00 and shall pay to the plaintiff the full amount from May 22, 2019.
1. (1) On May 1, 2018, the Defendant subcontracted to Nonparty D Co., Ltd. (hereinafter “D”) civil engineering works among the new construction works in Guro-gu Seoul Metropolitan Government (hereinafter “instant civil engineering works”). The details of the instant civil engineering works include “defluence and landfill disposal works” with the construction cost of KRW 263,979,500.
(2) On November 2018, the Plaintiff, etc. and the Defendant drafted an entrustment contract for construction waste collection, transportation, and disposal services (hereinafter “instant contract”). The Defendant’s commission of the disposal of waste concrete generated at the construction site of the said new construction project to the Plaintiff, etc. (hereinafter “Nonindicted Co., Ltd.”) and the Defendant’s commission of the disposal of waste concrete at the construction site of the said new construction project, and the total volume discharged is 2,000 tons (e.g., volume discharged); the disposal amount is 374,000 won per transportation cost (the total amount of transportation cost of KRW 177,00 and disposal cost of KRW 170,00 and value-added tax; the disposal amount appears to have been agreed on the basis of one dump truck; and the settlement terms are 30 days after the end of each month.”
(3) From November 19, 2018 to April 2, 2019, the Plaintiff mobilized dump trucks agreed with the Defendant at the site of the instant civil engineering works, and collected, transported, and disposed of waste concrete on a total of 184 occasions.
[The volume of waste concrete processed by the Plaintiff is 4,692 tons (25.5 tons x 184 times in calculation) and the 2,000 tons stated in the above contract, but the Defendant did not assert the frequency or total quantity of treatment of the waste concrete claimed by the Plaintiff (4). (2) The Plaintiff prepared a transaction statement of dump truck 1374,000 won per 374,000 won (including value-added tax) in relation to the treatment of waste concrete on April 30, 2019, respectively. (4)
The plaintiff (Personnel F) shall make the defendant a statement of each of the above transactions at the time of the above preparation.