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(영문) 광주지방법원 2018.12.19 2018가단9963
폐기물처리용역대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 47,760,00 and 15% per annum from May 29, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in waste treatment business and is entrusted with waste treatment by the Defendants.

Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a corporation that manufactures and sells machinery and equipment construction business, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation that manufactures and sells industrial machinery, and entrusts the Plaintiff with waste disposal.

B. Defendant B awarded a contract for the entrustment of waste collection and transportation (payment) and the guaranty insurance policy for the performance of the contract on waste collection and transportation (payment) and subcontracted the said construction to Defendant A. The Defendant entered into a contract for waste collection and transportation services with the Plaintiff on October 2017 with respect to the wastes generated from the said construction (hereinafter “instant contract”).

When concluding the instant contract with the Plaintiff, Defendant A paid the cost of waste collection and disposal to the Plaintiff in cash as soon as the cost of transport and disposal by closing the “waste transport and disposal costs.” In the event that Defendant A did not perform a contractual obligation, Defendant A provided the Plaintiff with a guaranty insurance policy for performance (payment) of the purchase amount of KRW 20 million for the Plaintiff’s damages incurred.

C. The Defendant A’s non-paid Plaintiff entered into the instant contract as above, and disposed of approximately 80-90% of the wastes generated from the said site by inserting equipment necessary for waste collection and transportation, and then claimed for the cost of waste collection and transportation by making an interim end-off around December 29, 2017.

However, the defendant A did not pay the waste disposal cost, and the construction cost would have been paid at once on January 15, 2018, and the waste disposal cost would have been paid at once.

The plaintiff performs interim termination in accordance with the terms and conditions of the contract, and the plaintiff claims.

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