사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a performance guarantee agreement is a mutual aid association established pursuant to the Act on the Promotion of Construction Wastes Recycling, and the E (hereinafter “E”) is a person who has obtained a construction waste interim license pursuant to the same Act.
On April 13, 2002, when E and E join the Plaintiff as an internal partner, the Plaintiff entered into an agreement on performance guarantee for the disposal of abandoned waste (hereinafter “instant performance guarantee agreement”) with the purport of treating the Plaintiff instead of the Plaintiff in the event that E fails to comply with an order issued by the City Mayor for the disposal of abandoned waste, and claiming the portion exceeding the above contribution out of the disposal costs, and D jointly and severally guaranteed all obligations that E bears to the Plaintiff pursuant to the above performance guarantee agreement.
Accordingly, E paid 45,870,000 won for contribution and joined as the plaintiff's partner.
B. E, in violation of the Plaintiff’s provisions on the prevention and disposal of neglected waste, has kept 6,730 tons of inflammable waste, was subject to special inspections and demands for correction on six occasions from May 29, 2012 to April 26, 2013, and did not take any measure.
The term "waste" means wastes prescribed by Presidential Decree, the collection, transportation business operator, or interim disposal business operator of which fails to dispose of construction waste properly due to the cancellation of a construction waste interim disposal business license for E on October 8, 2013, and the term "waste" means wastes prescribed by Presidential Decree, the collection, transportation business operator, or interim disposal business operator of which fails to dispose of construction waste properly due to a default, cancellation of license, etc. and is left unattended in the relevant place of business.
E has been ordered to dispose of waste, but E has not treated a total of 20,128 tons of waste up to now.
The disposal cost of the neglected waste is to calculate the disposal performance for the neglected waste No. 2013-129 of the Ministry of Environment's notification.