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1. The Defendant shall pay KRW 52,046,50 to the Plaintiff at the rate of KRW 20% per annum from June 10, 2014 to the date of complete payment.
Reasons
1. The Plaintiff’s judgment on the cause of the claim was established for the purpose of carrying on construction waste transportation business, etc.; the Defendant was established for the purpose of carrying on the dismantling construction business, etc. of the non-inter structure; the Plaintiff entered into a construction waste transport and disposal contract (hereinafter “instant contract”) with the Defendant on or around September 2013 regarding the removal of bonded warehouses installed in the Hanjin Construction Site located in the north port of Incheon; and then disposed of construction waste by November 30, 2013; and the fact that the cost of transporting and disposing of construction waste under the instant contract is 63,046,50, including value-added tax, is either a dispute between the parties or may be acknowledged by comprehensively taking into account the entire purport of the pleadings as a whole.
According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of 52,046,50 won (=63,046,500 won - 11,000,500 won) excluding the Plaintiff’s 11,000,000 won from December 23, 2013 to February 28, 2014, for the expenses of transporting and disposing construction waste, barring any special circumstances.
2. The defendant's assertion is asserted to the purport that since the plaintiff, other than the plaintiff, claims for the payment of construction waste transport and disposal costs to the defendant, the plaintiff cannot accept the plaintiff's claim.
However, insofar as there is no evidence to prove that B acquired the claim from the Plaintiff for construction waste transport and disposal costs under the instant contract, the Defendant’s above assertion does not constitute a ground for refusing the Plaintiff’s claim.
Therefore, the defendant's argument is without merit without examining the remaining points.
3. In conclusion, the defendant has a copy of the claim of this case and the application for modification of the cause of the claim, as the plaintiff seeks against the plaintiff 52,046,50 won.