1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff entered into an entrustment contract for construction waste disposal (hereinafter “instant entrustment contract”) with the non-party D Co., Ltd. (hereinafter “D”) who is a legal discharger of the Construction Waste Recycling Promotion Act.

Meanwhile, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the said D as “E-Newly constructed construction works” (hereinafter “E-built construction works”) and carried out construction works on the said site.

B. A waste disposal business entity must enter into a “the proper system” operated by the Ministry of Environment in the collection, transportation, and disposal of wastes, but it is a structure that can not enter into a contract with D, even if a subcontractor, such as the Defendant, generated wastes, even though the subcontractor, did not directly enter into a contract with the subcontractor.

D If D prepares a monthly allocation on the basis of the actual volume of wastes discharged by a collaborative entity, such as the Defendant, and informs the collaborative entity, the Plaintiff shall issue a tax invoice and claim the waste disposal amount to the collaborative entity.

D The Defendant was identified as the waste disposal payment company at the construction site of this case.

C. After completing the Defendant’s construction site waste disposal work, the Plaintiff issued a tax invoice of KRW 81,824,600 for the above waste disposal work. The Plaintiff paid some of the waste disposal charges approved by the Defendant.

However, the defendant did not pay the remaining 81,824,600 won.

Therefore, the defendant is liable to pay the remaining waste disposal price and damages for delay to the plaintiff.

2. Determination on the cause of the claim

A. The acceptance of performance of relevant legal principles is a contract between the debtor and the underwriter under which the underwriter agrees to discharge his obligation to the debtor, and the underwriter is a debtor.