부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a local government that shall dispose of household wastes discharged from its jurisdiction pursuant to Article 14 of the Wastes Control Act, and the Defendant is an enterprise that vicariously collects and transports household wastes pursuant to Article 14 (2) of the same Act.
B. From December 31, 2009 to December 31, 2013, the Plaintiff and the Defendant concluded the instant agency contract (hereinafter “instant agency contract”) and concluded the agency contract within the Plaintiff’s jurisdiction (hereinafter “instant agency contract”), and the Defendant paid monthly expenses on behalf of the Plaintiff based on the guidelines for calculating the cost of the local government and formulating the estimated price at the request of the Defendant.
C. From January 2010 to September 2013, the Defendant claimed agency expenses from Nonparty A to the Plaintiff from January 2013, and received a total of KRW 153,504,530 from the Defendant’s direct labor expenses.
The main contents of the instant agency contract related to the instant case are as follows.
Article 11 (Duty of Fidelity) (1) The defendant shall faithfully observe the Act, Municipal Ordinances, Enforcement Rules, this Agreement, and other matters instructed by the plaintiff.
(2) The defendant shall faithfully observe the direction of the plaintiff in connection with the agency business for matters not specified in the contract.
Article 13 (Cancellation of Contracts and Disadvantage Disposition) (4) Where a contract is terminated due to a cause attributable to the defendant, or where a violation of the contract occurs, the relevant agency expenses may be recovered based on the plaintiff's judgment, and the defendant shall comply therewith
Article 14 (Securing, Operating, and Improvement of Welfare of Workers, etc.) (1) The defendant shall provide appropriate equipment that can perform his/her duties in a stable and smooth manner, drive personnel who are on-site workers, U.S. dollars (hereinafter referred to as "on-site workers"), and operate them.