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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 2, 2017, the Plaintiff (a corporation engaged in the business of collecting wastes, etc.) drafted a consignment contract with the Defendant on the collection, transportation and disposal of designated wastes, such as attached Form 1, stating that the Plaintiff shall transport and dispose of wastes within the Defendant’s business establishment located in Scheon-si C and D (hereinafter “instant business establishment”) (hereinafter “instant consignment contract”).
(A) 2. According to the instant consignment contract, the Plaintiff sought payment of KRW 20,000 per ton of waste oil, KRW 120,000 per ton of waste oil, KRW 20,000 per ton of waste oil, KRW 20,000 per ton of waste, KRW 3,50,000 per ton of waste oil, and KRW 3,000,000 per ton of waste. As shown in attached Table 2, the Plaintiff received the disposal costs of waste in total and KRW 31,749,80 ( KRW 66,749,800) and received the payment of KRW 35,00 among them.
3. The Plaintiff’s assertion is rejected for the following reasons.
A. The Plaintiff was entrusted by the Defendant with the removal of facilities in the instant workplace as well as the waste transport and disposal work stipulated in the instant consignment contract, and the Plaintiff’s representative director E stated that he received KRW 35 million from the Plaintiff on the condition that he was entrusted with the said work in the investigation process of the Defendant’s accusation case (U.S. District Prosecutors’ Office 2017 Form No. 57159).
(B) Paragraph (5) of this case, contrary to what is stated in the instant consignment contract, the original and the Defendant appears to have concluded the instant consignment contract at a fixed amount of KRW 35 million.
B. Since the Plaintiff’s treatment of wastes as shown in the separate sheet No. 18-1 through 11 is not high, it is deemed that the amount is calculated based on the contractual unit price stated in the instant consignment contract, the Plaintiff’s calculation is based on the total amount of KRW 28,767,600 (239.73 tons x 1.20,000 won per ton) and the contractual unit price is calculated based on the annexed sheet No. 5 through 11.