청소대행계약 해지통고 무효확인
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 company licensed for foul waste collection and transportation business by the head of Nam-dong Incheon Metropolitan City, pursuant to Article 45(1) of the Sewerage Act.
B. In accordance with Article 3 of the Incheon Metropolitan City Ordinance on the Collection, Transport, and Disposal of Excreta, the head of Nam-gu Incheon Metropolitan City entered into an agency contract with the Defendant on March 6, 2015 for the collection, transportation, and cleaning of excreta (hereinafter “instant agency contract”), and among which the Defendant’s termination and the Plaintiff’s matters to be observed are as follows.
Article 12 (Termination of Agency Contract) (1) In any of the following cases, the defendant may terminate the instant agency contract with the plaintiff:
2. The plaintiff under Article 13 (Matters to be Observed) shall comply with each of the following subparagraphs, where the matters to be observed under the contract have been significantly violated or where no one exists among the requirements for permission (facilities, equipment, and technical personnel):
7. Collected septic tanks shall be carried in and treated at a disposal place designated by the Mayor of Incheon Metropolitan City, and shall not be sold or disposed of without permission.
10. An act of moving clean sludge (storage tanks, other vehicles, and other vehicles) or cleaning sludge generated outside the pipes in contravention of the outline of the business indicated in the license for the business of excreta, etc.;
Article 14 (Limitation of Liability) (2) The plaintiff shall be liable for civil and criminal liability for any accident caused by the plaintiff's act of his/her working force.
C. At around 12:50 on July 20, 2016, C and D, an in-house director of the Plaintiff, conspired to discharge, without permission, approximately 2 tons of foul waste, which were loaded in the F septic tank cleaning vehicle operated by the Plaintiff in the toilets of building in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by using a ice installed on the said cleaning vehicle.
Excreta discharged without permission has been forced to flow into a sewerage system.
hereinafter referred to as "the matters of this case".