손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 10, 2013, the Plaintiff Company A (hereinafter “Plaintiff Company”) concluded a contract with the Defendant for removal of the Plaintiff Company’s old facilities and installation of new facilities (hereinafter “instant contract”) with the company engaging in the medical waste disposal business.
On March 5, 2014, the Defendant came to contact with the completion of the removal works and found that the wastes generated during the construction site were illegally reclaimed.
As the Defendant did not deal with this, the Plaintiff Company dealt with it.
According to the instant contract, various wastes generated during the removal works shall be disposed of under the responsibility of the defendant, but if the defendant fails to dispose of them, they may be disposed of at the plaintiff's expense and the plaintiff may claim the expenses to the defendant.
Therefore, the defendant should pay to the plaintiff company the sum of waste disposal costs and equipment usage fees of KRW 24,137,085 and delay damages.
2. Determination
A. As to the Plaintiff’s claim, the Defendant asserted that the intermediate payment and the balance under the instant contract were not paid to the Plaintiff Company, and that Nonparty C terminated the instant contract with the Plaintiff Company, and thereafter, Nonparty C removed the contract, and the Defendant was working as a father.
B. Facts without dispute, and considering the overall purport of the pleadings in Gap evidence No. 1, the fact that the plaintiff company and the defendant entered into the instant contract as alleged by the plaintiff on December 10, 2013. According to the contract, the construction period is 45 days from the conclusion of the contract, the defendant's burden of construction expenses, the defendant's deposit with the plaintiff as a deposit for waste treatment, the contract deposit of KRW 10 million (not later than December 10, 2013), the intermediate payment of KRW 10 million (not later than December 11, 2013), the remainder of KRW 50 million (not later than December 11, 2013), and the remainder of KRW 60 million (not later than December 13, 2013) to the plaintiff company, and the defendant paid KRW 120 million to the plaintiff company.