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(영문) 청주지방법원 2015.07.02 2014가단22260

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff needs to maintain his/her hospital in Youngdong and to maintain his/her meeting.

The foundation operating both hospitals is a foundation operating the two hospitals, and the defendant is a company operating the medical waste disposal business.

B. On August 1, 2012, the Plaintiff paid KRW 700,000 per month to the Defendant with respect to the treatment of medical wastes at the Youngdong Hospital on August 1, 2012, and the Defendant concludes an entrustment contract for medical waste treatment and disposal, which is to collect and dispose of such medical waste, with two years from August 1, 2012 to July 31, 2014; and 2.99, 1.9

From September 2012 to December 2012, 2012, the Defendant received 850 won per 1 kg of waste from January 2013, and concluded an entrustment contract for medical waste treatment, which is to collect and dispose of medical waste, with the term of the entrustment contract for medical waste treatment from September 12, 2012 to September 11, 2013, on condition that it shall be extended under the same condition if no notification is given three months prior to the expiration of the contract.

(hereinafter referred to as "each service contract of this case").

On the other hand, each service contract of this case has the following damages provisions in Article 9 of each contract.

Article 9 (Cancellation of Contracts and Calculation of Amount of Damages) When the contract is cancelled due to the reasons attributable to the defendant, the fine, administrative fine, penalty surcharge, etc. to be borne by the plaintiff shall be borne by the defendant, and Article 9 shall be deemed to be a clerical error in

Where the Plaintiff unilaterally cancels this contract without any cause, the monthly average amount of expenses incurred from the contract to the present date shall be calculated as the monthly consignment disposal expenses, and the amount of damages calculated by multiplying the average monthly amount calculated thereby by the remaining period of the contract shall be immediately paid to the Defendant. If the amount is less than the amount of damages caused by the termination of the contract, the Defendant may additionally calculate the amount of losses to the Plaintiff, and the Plaintiff shall also pay it.