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(영문) 제주지방법원 2017.07.21 2016가단58354
정산금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On August 11, 2014, the Plaintiff made a single bid to “B business” and entered into the said B business contract with the Defendant for the volume of KRW 330 tons and the contract amount of KRW 178,604,000 (hereinafter “instant contract”). On August 28, 2014, the Plaintiff received advance payment KRW 70,000,000 from the Defendant as payment for personnel expenses, etc.

B. On April 7, 2015, the Plaintiff submitted to the Defendant a detailed statement of completion that the total quantity of marine waste collection is 335.6 tons.

C. Meanwhile, the Plaintiff’s representative director C: (a) dumping 27.98 tons of waste already collected, based on the determination that it was difficult to remove waste as much as the prescribed quantity of the terms of the instant contract; (b) obtained waste 48.5 tons of waste already collected from the Jeju Environmental Industry Co., Ltd.; (c) disguised as if it were the waste collected; (d) and (e) disguised as if it were the waste collected from another waste disposal business entity; (b) thereby collecting 76.81 tons of waste in a false measurement of 76.81 tons of waste generated from another waste disposal business entity; (c) the Plaintiff’s dismissal of the appeal became final and conclusive 201.25 billion tons of waste collected and processed waste from the waste disposal business entity; (d) 32.82 tons of waste; (e) 335.5 tons of waste; (e) 108.25 billion won of the instant contract; and (e) 2015.25 billion won of the instant case’s dismissal of the appeal became final and conclusive 2015.201.7.1.5

(hereinafter “relevant criminal judgment”) d.

Since then, the defendant on December 22, 2016 shall be the principal of the deposit.

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