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(영문) 제주지방법원 2017.04.07 2016가단256
건설폐기물 운반 및 처리 용역대금
Text

1. The Defendant’s KRW 36,232,361 as well as the Plaintiff’s annual rate of KRW 5% from March 16, 2013 to December 28, 2015.

Reasons

Basic Facts

A. On January 2013, the Defendant entered into a contract with the owner of the project at the beginning and Jeju city with respect to the new construction of the Jeju-dong hotel on the ground (hereinafter “instant site”).

3. Kind and nature and characteristics of wastes: Construction waste and solid prize;

6. Costs of generation and disposal of wastes: 6,500 6,400 6,600 2,600 2,600 2,600 58,500,000 mixed wastes ton of 200 83,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 ton of waste for waste ton of 200 38,000 12,000,000 68,500

7. Settlement conditions: Settlement in cash immediately after the completion of waste disposal.

8. Term of an entrustment contract: From February 20, 2013 to January 31, 2015, Article 8 (Payment of Price) (1) of the General Conditions of the service contract is requested by the Plaintiff to pay the price for the completed portion of the service contract.

(2) When a claim under paragraph (1) is filed by a party A, he/she shall pay the party B with the final payment within seven days.

B. On February 19, 2013, the Defendant entered into an entrustment contract with the Plaintiff for construction waste collection, transportation, and disposal services (hereinafter “instant contract”) with respect to the instant site, and filed a report on a construction waste disposal plan with the Plaintiff as the transporter on February 20, 2013 following the instant site.

C. On February 27, 2013, the Nonghyup Bank Co., Ltd., Korea Asset Management Co., Ltd., Large-Scale Development Industry Co., Ltd., and the Defendant concluded a service contract for removal of buildings with the following details.

A contractor: The contractor for the management of the Nonghyup Bank Co., Ltd.: The contractor for the management of the Korea Asset Management Corporation: The contractor for the construction of a hotel in this case is to remove all the buildings and structures constructed on the site and underground of this case and to construct a new hotel on the land as follows.

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