beta
Text
1. The Defendant’s KRW 249,431,045 as well as the Plaintiff’s KRW 20% per annum from May 26, 2015 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. The following facts are acknowledged in light of the purport of the entire pleadings in each statement of evidence Nos. 1 through 6.
1) On February 27, 2014, the Plaintiff and the Defendant agreed to set the contract period as from February 27, 2014 to request the Plaintiff or the collection company designated by the Plaintiff to collect all scrap metal arising from the Defendant’s factory B for a period of one year from February 27, 2014. The Plaintiff shall pay 30,000,000 won as contract deposit to the Defendant, and where the contract expires or is terminated, the Plaintiff shall pay the remainder, other than the part deducted from the above deposit as the price for scrap metal, with the Defendant’s immediate return to the Plaintiff (hereinafter “instant first scrap metal collection contract”).
(2) The Plaintiff paid KRW 30,000,000 as the contract deposit (hereinafter “instant first contract deposit”) to the Defendant immediately after the conclusion of the instant first contract for the collection of scrap metal.
3) On May 15, 2014, the Plaintiff and the Defendant agreed to set the contract period as from May 15, 2014 to request the Plaintiff or the collection company designated by the Plaintiff to collect all scrap metal arising from the Defendant’s Incheon Factory for a period of one year from May 15, 2014. The Plaintiff shall pay KRW 300,000 to the Defendant as contract deposit, and the Plaintiff shall pay the remainder of the money excluding the portion deducted from the said deposit as the price for scrap metal when the contract is terminated or terminated (hereinafter “instant second scrap metal collection contract”).
4) The Plaintiff paid KRW 300,000,00 as the contract deposit to the Defendant immediately after the conclusion of the second scrap metal collection contract of this case (hereinafter “instant second contract deposit”).
5. Each of the instant cases on April 13, 2015, on the ground that the Defendant breached each of the instant scrap metal collection contracts by carrying the scrap metal generated at the place of business to a third party other than the Plaintiff, etc.