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1. The Defendant shall pay to the Plaintiff KRW 23,975,00 and the interest rate of KRW 20% per annum from September 19, 2014 to the day of complete payment.
Reasons
1. The Defendant, as a producer obligated to recycle under the Act on the Promotion of Saving and Recycling of Resources (hereinafter “Resources Recycling Act”), entered into an additional recycling entrustment contract (the instant contract) with the Plaintiff in October 2, 2013, on October 2, 2013.
The instant contract provides that the producer obligated to recycle is obligated to recycle 100 tons of a single complex material film (the processing unit price of 230 won/km) and 15 tons of a single container (the processing unit price of 65 won/km) in the manner prescribed by the law of the Plaintiff.
The Defendant completed recycling business prior to July 25, 2014, and accordingly, the Defendant’s payment to the Plaintiff is KRW 23,000,000 (10,000 g (100 tons) x 230 won/km) for film treatment of single composite materials, and KRW 975,00 [15,00 g (15 tons) x 65 won/km] for the disposal of single container displays, and KRW 23,975,00 in total.
[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings] Therefore, the defendant is obligated to pay to the plaintiff 23,975,000 won and damages for delay at the rate of 20% per annum from September 19, 2014 to the day of full payment, as claimed by the plaintiff, following the delivery date of the copy of the complaint in this case, as the plaintiff seeks.
2. Judgment on the defendant's defense
A. The instant contract is revoked by the Plaintiff’s fraud, and thus, (1) the Plaintiff, who was entrusted with the Defendant’s fact-finding process on August 2013, which was processed with the Defendant’s fact-finding process; and (2) the content of the amendment of the Resource Recycling Act (the establishment of Article 17-2, thereby enabling a producer obligated to recycle, such as the Defendant, to individually entrust the Plaintiff to a recycling business mutual aid association, but according to the new provision, it is possible for the producer, such as the Defendant, to separately entrust the Plaintiff with the recycling business.
(2) If the amendment is enforced after passing through the National Assembly, the existing recycling shall be made.