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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The grounds for this part of the underlying facts are as follows: (a) the part of “ [Evidence]” (as to the part of “No. 19 to No. 41 of the judgment of the court of first instance) (as to the result of this court’s fact-finding on the Youngto Co., Ltd., Ltd., the result of fact-finding on Jun. 28, 2018 about the Korea Environment Corporation is identical to paragraph (1) among the reasons of the judgment of the court of first instance, and such fact-finding is cited pursuant to the main sentence of
2. The reasoning for this part of the judgment of the court of first instance concerning the occurrence of liability for damages is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420
3. Scope of liability for damages
A. The gist of the Plaintiff’s assertion was as follows: (a) in order to treat the wastes buried on the instant land, the Plaintiff paid KRW 564,597,00,00 in total, including ① 372,05,00,00,000 for expenses for earth and sand disposal, including mixed wastes, construction soil and stone, and sub-soil, ② 104,50,50,000 for equipment expenses; (b) labor expenses of KRW 36,720,00 for personnel expenses of KRW 36,327,00 for value-added tax; and (c) value-added tax of KRW 51,327,00 for these expenses (=372,050,000 for KRW 36,720,50,000 for KRW 36,720,000 for each of the following expenses:
Of the expenses paid by the Plaintiff, the expenses for disposal of the wastes, etc. under the above paragraph (1) include KRW 121,250,000 for the disposal of the waste, etc., so excluded, the Plaintiff sustained KRW 443,347,00 (= KRW 564,597,000 - KRW 121,250,00) to treat the wastes buried on the instant land.
B. Determination 1) In full view of the facts acknowledged as Gap’s evidence Nos. 1, 9, 11 through 15, and the result of the fact-finding conducted by this court on Youngto Co., Ltd., the result of the fact-finding conducted by the Korea Environment Corporation on June 28, 2018, and the overall purport of the pleadings, the Plaintiff’s claim against the Korea Environment Corporation was based on the following facts: waste (mix waste, construction waste, earth and stone) and secondary earth and sand (hereinafter “general earth and sand”).
The unit price and processing quantity of each item of expenses required for the processing thereof, equipment costs, amount of personnel expenses, and others.