Text
1. The Defendant paid KRW 90,185,616 to the Plaintiff KRW 6% per annum from September 28, 2016 to October 18, 2016.
Reasons
1. Facts of recognition;
A. On December 1, 2010, the Plaintiff entered into an agreement with the Defendant on the selection, treatment, and consignment of recycled products, the period of which is from January 1, 201 to December 31, 2013, and entered into again the agreement on the selection, treatment, and consignment of recycled products (hereinafter “instant agreement”) around December 201. The main contents of which are as follows.
Article 2 (Scope and Scope of Application) This Convention shall apply to all the following matters related to the selection and treatment of recycled products entrusted by the defendant to the plaintiff:
(1) The period of entrustment agreement under Article 3 (Period of Entrustment Agreement) (1) The period of entrustment agreement shall be between January 1, 2014 and December 31, 2016 (three years).
Article 4 (Expenses for Sale, Operation and Entrustment of Recycled Goods) (1) The plaintiff shall have the sales proceeds of recycled goods collected and transported as a recycling screening place and shall pay part of the sales proceeds to the defendant as follows:
1. The amount for each item of recycling to be paid by the plaintiff to the defendant shall be the kg (Won 10) per kg.
Article 12 (Disposal of Remaining Wastes) (1) The Plaintiff shall select to the maximum extent recyclables brought into a recycling line during the period of entrustment, and treat the residual wastes remaining after selection under the responsibility of the Plaintiff. However, up to 40% of the total monthly shipment of recyclables brought in by an enterprise which has entered into a contract with the Defendant for collection and transportation of recyclables, the Defendant bears the burden of disposal for excess of 40%, and the Plaintiff bears the burden of disposal for excess of
(3) Remaining wastes treatment shall be governed by the special conditions on consignment treatment of recyclable wastes.
B. The Plaintiff and the Defendant, around December 2013, shall be entrusted with recycling wastes with the following content in accordance with the instant agreement: