1. The Defendant’s KRW 36,270,435 as well as 6% per annum from September 16, 2017 to September 2, 2019, respectively, to the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that runs aggregate and the wholesale and retail business of stone.

B. Around September 2016, the Plaintiff entered into a contract with the Defendant, and the Plaintiff, at the Defendant’s request, to transport wastes generated in Jin-si C, with a monthly amount of KRW 9,000 per ton of wastes, on the last day of each month, to settle the transport cost and to pay the transport cost if 45 days after the settlement of the transport cost.

C. The Plaintiff transported wastes equivalent to KRW 81,841,914 from December 1, 2016 to July 31, 2017 under the said contract.

On May 1, 2019, the Defendant was sentenced to imprisonment with prison labor for two years on the grounds of criminal facts, which stated that “the Defendant had the Plaintiff transport wastes equivalent to KRW 81,841,914, as described in the foregoing paragraph (c), although there was no intention or ability to pay transport cost,” and was sentenced to a concurrent crime with other criminal facts.

The judgment was rendered by the first instance court (Tgu District Court 2019No1823) (Tgu District Court 2018 Godan833, 1191, 1472, 1480), and the above judgment became final and conclusive through the appellate court (Tgu District Court 2019No1823).

However, according to the facts charged in the above case, the victim is "D" (the representative of the plaintiff), and the defendant in this case does not dispute the facts that the other party to the payment of transportation cost is the plaintiff.

South and North Korea are arguing only to the amount of transportation cost). . [Grounds for recognition] The fact that there is no dispute, entries in Gap evidence 1 and 2, and the purport of the whole pleadings.

2. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 36,270,435, excluding KRW 45,571,479, the amount of unpaid transportation charges of KRW 81,841,914, and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from September 16, 2017 to September 2, 2019, the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim for conclusion is reasonable.