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1. The Defendant (Counterclaim Plaintiff) paid KRW 13,125,083 to the Plaintiff (Counterclaim Defendant) and its related amount from June 10, 2014 to February 6, 2015.
Reasons
1. The following facts do not conflict between the parties, or can be found in full view of the statements and images of Gap evidence 1 to 5, 7 to 16, and Eul evidence 1 to 3, 5, and 6, and witness Eul's testimony as a whole.
On October 15, 2010, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant in Geumcheon-gu Seoul Metropolitan Government with respect to the collection of recycled products generated from A apartment located in Geumcheon-gu (hereinafter “Defendant apartment”) and has renewed the above contract every year from November 1, 2010 to May 13, 2014. The main contents of the instant service contract, which was renewed on November 27, 2013, are as follows.
(1) Term of contract: (a) from December 1, 2013 to November 30, 2014, the Plaintiff shall advance a deposit of KRW 12.5 million to the Defendant; (b) pay monthly KRW 6,250,834 to the Defendant on January 1 of each month; and (c) collectable goods (all items that can be recycled for paper, clothing, plastics, scrap iron, and small home appliances) shall be collected in full on every day’s demand at the place designated by the Defendant.
(3) The Defendant shall take measures to ensure that the Plaintiff acquires ownership of, and exercise ownership on, the recycled goods. For the convenience of the Plaintiff’s collection, the collection goods shall be divided into a marina or vinyl and put in the designated place.
(4) In the event that the Plaintiff did not collect the collection date, the amount equivalent to 1/10 of the monthly contract amount per unclaimed per day shall be paid to the Defendant. The Defendant shall compensate the Plaintiff for the amount equivalent to 50% of the monthly contract amount in the event that the Defendant sells the goods to a third party, other than the Plaintiff, and the Plaintiff shall be liable for damages and criminal charges against the person who has leaked and sold the goods collected
(c).
E, the residents of the defendant apartment, the head of Geumcheon-gu Seoul Metropolitan Government D head of the Tong, is part of the help of the head of the Tong from January 1, 2014 to the Haman on April 2014.