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1. The Defendant: (a) KRW 42,269,30 for the Plaintiff and KRW 20% per annum from May 12, 2015 to September 30, 2015; and (b) for the Plaintiff.
Reasons
1. Basic facts
A. On July 2014, the Plaintiff entered into a contract for removal (hereinafter referred to as “the first removal contract”) under which the removal of the instant building (hereinafter referred to as “instant building”) was subcontracted from B (C) to the date of September 25, 2014, and the main contents thereof are as follows.
Article 3 (Expenses for Removal)
1. Expenses for removal and scraping: 82 million won (excluding surtax);
2. Costs for removing asbestos and disposal of asbestos: 42,727,000 won (excluding surtax).
3. Total amount after deducting two expenses from one expense: 39,273,000 won (excluding surtax) shall be paid to B when a contract is made in cash.
Article 4 [Prohibition of Listening] The plaintiff shall not voluntarily conduct the removal work and shall not make all or part of the removal work to a third party unless he/she has given prior consent.
[Disposal] Article 5 [Disposition] The plaintiff shall store wastes by kind and dispose of the related wastes to a legitimate business entity, and shall dispose of all kinds of scrap metal, etc. generated from the removal site autonomously, and make the plaintiff's profits entirely.
B. On July 15, 2014, the Plaintiff entered into a contract for the removal of the instant building with E as similar to the first removal contract, and upon determining the cost of scrap as KRW 210 million, E paid the remainder of KRW 25 million after asbestos treatment and KRW 185 million to the Plaintiff.
(hereinafter referred to as “the second removal contract”). (c)
On July 21, 2014, F Co., Ltd., the representative director of E (hereinafter “F”), entered into a sales contract on the instant building with the Defendant, and the purchase price of KRW 285 million is KRW 200,000 (a down payment of KRW 140,000,000 intermediate payment by July 22, 2014, and KRW 135,000,000,000,000 which is remaining within five days after the completion of asbestos work). Waste generated from the site of removal shall be treated by F, and that the Defendant interferes with or delays the work.