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(영문) 광주지방법원순천지원 2015.08.27 2015가단1059
공사대금
Text

1. The Defendant’s KRW 23,541,410 as well as the Plaintiff’s annual rate of KRW 5% from December 11, 2014 to August 27, 2015.

Reasons

1. Basic facts

A. On October 31, 2014, the Plaintiff participated in a bid for waste treatment works (waste concrete 673.57 tons, 1.17 tons of construction waste disposal materials, and 4.68 tons of mixed wastes) to be generated in the process of removing a freezing plant at the National Procurement Service, Jeonnam University located in the territory of the Republic of Korea, the Defendant entered into a contract with the Defendant for “waste treatment services following the removal of the said State freezing factory” between November 17, 2014 and December 11, 2014, with the service period of KRW 25 days from November 17, 2014 to December 11, 2014.

(hereinafter “instant service contract”). B.

On December 2014, the Plaintiff started waste treatment work and completed it on December 11, 2014. On December 10, 2014, the number of wastes to be disposed of to the Defendant on December 10, 2014, which is the day before the service period expires, increased, and the nature of the waste was changed, and the Plaintiff demanded design change.

On December 16, 2014, the Plaintiff urged the Defendant to renew the design change. On December 24, 2014, the Defendant notified the Plaintiff of the intention to change the contract amount to KRW 23,541,410, which increased the increased amount of KRW 8,060,860 on the grounds of the increase in quantity verified through the industrial waste management ledger, computer system, etc. and the change in nature.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, Eul evidence 1, 2-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that, at the site of the above freezing removal, waste concrete 349.26 tons, mixed construction waste 685.36 tons were generated, and that, when applying the unit price for disposal per ton (a waste concrete 10,356 won, a mixture of construction waste 60,00 won) and transportation cost (a0,000 won), the service cost to be paid by the Defendant would be 60,593,000 won (including value-added tax).

B. However, among evidence related thereto, the evidence Nos. 1 and 4-1 is merely a document unilaterally prepared by the Plaintiff regarding the volume of waste.

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