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1. The defendant shall pay to the plaintiff KRW 100,000,000 as well as 15% per annum from June 16, 2019 to the day of full payment.
Reasons
1. The Plaintiff, including the Defendant’s removal construction work and the Plaintiff’s collection and disposal of construction waste, collected and disposed of construction waste in the site of the removal work that the Defendant started from May 2, 2012 to December 2014, and failed to receive KRW 100,000,000 from the service cost (the KRW 16,50,000 among them was offset by the Defendant’s undertaking construction work on behalf of the Plaintiff), and the Plaintiff failed to receive additional KRW 18,381,000 after disposing of construction waste on September 2016.
(Total 101,881,000 won = 100,000 won = 16,500,000 won-16,500,000 won. The Plaintiff and the Defendant shall prepare a letter of undertaking on May 16, 2019, and the Defendant shall pay the Plaintiff KRW 100,000,000 to the Plaintiff by June 15, 2019, on condition that the payment shall be made in addition to delay damages at the rate of 15% per annum from the following day to the date of full payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Reviewing the judgment, according to the above recognition, it is reasonable to view that the Plaintiff and the Defendant suspended the payment of service charges by June 15, 2019 by preparing a letter of undertaking.
Therefore, the defendant ordered the plaintiff to pay 100,000,000 won with the agreed interest rate of 12% per annum from June 16, 2019 to the date of full payment. It is so decided as per Disposition.