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1. The Defendant’s decision on performance recommendation for the Busan District Court Branch Decision 2017 Ghana 11843 was based on the decision on performance recommendation for the Plaintiff.
Reasons
1. Basic facts
A. On June 19, 2017, the Defendant filed a lawsuit against the Plaintiff on the claim for waste treatment fee No. 2017Gau 11843, Busan District Court Branch, and the said court rendered a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) on the grounds that the Plaintiff did not raise any objection, and the instant decision on performance recommendation became final and conclusive on July 7, 2017.
B. The Plaintiff’s waste incineration business, the Defendant’s waste incineration business, and C Co., Ltd. (hereinafter “C”) are companies engaged in waste transportation business. Around October 26, 2015, the Plaintiff, the Defendant, and C concluded a contract on waste collection, transportation, and consignment (hereinafter “instant contract”).
C. When entering into the instant contract, the Plaintiff, the Defendant, and C set the transport cost per ton as KRW 10,000, and the disposal cost as KRW 35,000. The Plaintiff agreed with C on the method of paying the cost of transport and disposal to be paid to C and the Defendant in a lump sum.
The Plaintiff, the Defendant, and C have settled the price for the collection, transportation, and disposal of wastes in the aforementioned manner. The Defendant directly claimed KRW 7,169,085 for the disposal expenses of August 2016 to the Plaintiff, not C, and received payment on October 31, 2016.
E. From September 2016 to November 201, 2016, the Defendant requested the Plaintiff to pay KRW 14,629,615 of the waste disposal cost, but failed to receive the claim, and the Plaintiff settled and handled that the aforementioned disposal cost was fully paid between C and C.
[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3 and 4, witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. At the time of entering into the instant contract, the Plaintiff, the Defendant, and C shall pay the Defendant the cost of transport and disposal if the Plaintiff paid the cost of transport and disposal to C.