1. The Defendant’s KRW 44,023,936 as well as 5% per annum from October 16, 2019 to April 14, 2020 to the Plaintiff.

1. Basic facts

A. On June 2019, the Plaintiff entered into an entrustment contract for construction waste collection, transportation, and disposal services (hereinafter “instant contract”) with the Defendant, a construction agent of E Company (hereinafter “E”) and E Company’s (hereinafter “E”) as follows:

1. Service name: Construction works for removing floors and removing retaining walls;

2. Discharge place: F for the Cheongju-si, Chungcheongbuk-si; and

3. Term of entrustment contract: From June 24, 2019 to July 31, 2019, the total service amount (e.g., the average service amount) of the unit cost for each kind of waste quantity per unit quantity (e.g., the quantity to be used for treatment expenses, disposal expenses, disposal expenses, and disposal expenses for waste concrete to be used for waste concrete to be used for 8,000,000,000 waste containers to be used for 500 2,000,000;

8. Special terms and conditions of a special agreement on the quantity and amount of the consignment. (1) Tax invoices are to be issued by the persons who are supplied with a substantial amount of money between Party A and Party B (Defendant).

(2) Eul shall fulfill his/her responsibility and obligation to pay "relevant expenses" to his/her agent.

(3) When B does not pay "relevant expenses", it is agreed that B shall select B as debtor Eul and that B shall take procedures for preserving legal claims.

B. On September 30, 2019, the Plaintiff filed a claim with the Defendant for waste disposal charges of KRW 36,451,030, waste transportation expenses of KRW 7,290,206, and recycled aggregate of KRW 282,70,00 in total, KRW 44,023,936.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, barring any special circumstance, the Defendant did not set the date of payment on October 16, 2019, which was the date following the receipt of a claim for performance of KRW 44,023,936, and the following day after the receipt of the claim for performance of the said claim. The Plaintiff issued a tax invoice on October 10, 2019, and the Defendant received the said tax invoice on October 15, 2019, and thus, the Defendant received the request for performance of the tax invoice from the following day.