beta
Text
1. The Defendant shall pay to the Plaintiff KRW 65,486,104 and the interest rate of KRW 15% per annum from June 10, 2016 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition are as follows: (a) the Defendant supplied waste oil from the Plaintiff and re-produced fuel oil to a third party and sold it to a third party; (b) the Plaintiff supplied the Defendant with waste oil of KRW 528,930,103 from October 2014 to September 2015; and (c) the Defendant paid KRW 393,443,99 with the price for waste oil supplied by the Plaintiff; or (d) the fact that the Defendant paid KRW 393,99 with the price for waste oil supplied by the Plaintiff does not conflict between the parties, or that the Defendant did not dispute between the parties, and that the entire purport of the pleadings is added to the evidence Nos. 1, 2, and 12, and evidence No. 6-1 to 7.
B. According to the above facts of determination, the Defendant is obligated to pay 65,486,104 won (i.e., unpaid amount of KRW 135,486,104 - Security Deposit for Performance Guarantee Policy provided by the Defendant - KRW 70,000) and damages for delay calculated at the rate of 15% per annum from June 10, 2016 to the date of full payment, upon the Plaintiff’s request, from June 10, 2016, to the date of delivery of the original copy of the instant payment order to the Defendant.
2. Judgment on the defendant's assertion
A. The gist of the assertion was that the Defendant could not sell to a third party the waste oil of KRW 89,625,468, which was supplied by the Plaintiff in July and August 2015, as the Defendant was too good.
Accordingly, the Defendant decided to return the waste oil to the Plaintiff, and on October 2015, the issue was discussed in the conference room of the Plaintiff’s headquarters. At this conference, the agreement was concluded that the Plaintiff directly sold the waste oil to a third party and the purchaser paid the price to the Defendant, thereby remitting the price received by the Defendant to the Plaintiff in July 2015 and August 2015.
Since November 2015, waste oil was sold to Dong chemical Co., Ltd. (hereinafter “Dong chemical”), and the sales proceeds were 54,434.