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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 6,00,00,000, respectively, and fully pay the same from July 23, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company that collects plastics separately discharged from multi-family housing and operates a recycling business that produces recyclable materials through the selective processing process. Defendant B is a trade name “D” and Defendant C is a business entity that operates a recycling business with the trade name “E”.
Article 2 (Items Subject to Contract) Any unregistered plastic or waste vinyl generated at the defendant's place of business shall be all of any unregistered plastic or waste vinyl generated at the defendant's place of business.
Article 4 (Supply Price and Disposal Price) (1) Unclaimed Plastic Supply Price: 50 won/km (payment to the Defendant by the Plaintiff): 2) Waste plastic Disposal Cost (payment by the Defendant may be adjusted according to the market price) Article 5 (Contract Price) (1) The Plaintiff shall deposit KRW 2 million in the Defendant’s account by June 12, 2017 to the Defendant for the smooth treatment of the subject matter under the contract (unclaimed plastic and waste vinyl). However, at the time of termination and expiration of the contract, the Defendant shall immediately return to the Plaintiff. Article 6 (Payment for Price) The Plaintiff and the Defendant shall pay to the Plaintiff the price on the fifth day of the following month after the supply and loading of the subject matter under the contract (the contract period) from July 1, 2017 to June 30, 2017.
(Provided, That in the absence of special objection, the Plaintiff and the Defendant shall compensate the other party for the entire amount of damages in accordance with the action for responsibility, if any, caused the other party by intention or gross negligence. 2) The Defendant shall compensate the Plaintiff twice the down payment when any loss incurred to the Plaintiff’s business activities in violation of this contract occurred.
Article 8 (Transportation and Measurement) (1) Transport of contract items shall be held responsible for the Plaintiff. 2) The Plaintiff and the Defendant shall take measurements in supplying and disposing of the contract objects.