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(영문) 대구지방법원 서부지원 2018.05.09 2017가단4007
임금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 8,300,000 as well as the full payment from February 8, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. According to the purport of Gap evidence Nos. 1 through 3, witness C, and D’s testimony and arguments as to the claim of this lawsuit, the plaintiff was found to have received waste equivalent to KRW 8,300,000, which includes the total sum of the waste disposal cost from February 8, 2014 to May 2014 from the defendant operating the removal business. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the total sum of the waste disposal cost of KRW 8,300,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 8, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

In regard to this, the defendant asserts that there is no obligation to pay waste treatment costs due to the partnership with the plaintiff as to waste treatment, but it is not sufficient to recognize that the above-mentioned evidence and the statement of evidence Nos. 1 through 3 alone were in a partnership with the plaintiff and the defendant to share the business of transporting and treating wastes and divide profits into a certain ratio, and there is no other evidence to acknowledge this otherwise

Therefore, the defendant's above assertion is without merit.

2. Judgment on the counterclaim

A. The Plaintiff and the Defendant decided to operate a waste transport business in around August 2013, and if the Defendant interferes with the extent of 10 business partners pursuant to the agreement on the business, the Plaintiff committed a waste transport business and paid 20% of the profits to the Defendant.

The defendant introduced about 10 million won to the 10th business partner for one year before the plaintiff closes down his business at the end of 2014. The sales amount of at least KRW 120 million per transaction partner occurred, and normally at 20% from the sales amount. Thus, the contract revenue that the plaintiff shall pay to the defendant is 48,000,000 won (the sales amount of at least 120,000,000 x 10% x 20% x 20%).

B. As seen earlier, wastes between the Plaintiff and the Defendant are treated.

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