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(영문) 울산지방법원 2017.10.26 2017구합5717

고정비 미집행액 회수조치 통보 무효확인 등

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s labor cost against the Plaintiff on February 3, 2017 and Korea Labor Cost.

Reasons

1. Details of the disposition;

A. On October 25, 2013, B published a tender for entrusted management services of the instant facilities in order to select a private business entity that is entrusted with the operation, maintenance, management, etc. of the Si Resource Recovery Facilities and ancillary facilities (hereinafter “instant facilities”) located in C on October 25, 2013, and the joint contractors consisting of four companies that represent the Plaintiff as the representative contractors were selected as the successful bidders.

B. Accordingly, the Plaintiff’s joint contractors and B City entered into an agreement on the entrusted operation of the instant facilities (hereinafter “instant agreement”) and the main contents are as follows.

The purpose of this Convention is to prescribe matters necessary for the stable and efficient operation of resources recovery facilities pursuant to Article 12(1) of the Ordinance on the Promotion of Installation of B City Waste Disposal Facilities, Support for Environs, etc. and Article 10(1) and B of the Ordinance on the Operation and Management of City Resources Collection Facilities.

Article 2 (Definition of Terms) The definitions of terms used in this Convention shall be as follows:

1. The term “resources recovery facility” means a facility installed at B market prices to treat inflammable domestic wastes installed, a recycling line facility to select recyclable wastes, and a chimney installed in an incineration facility and a promotional officer;

5. The term "operating costs" means the settlement cost, settlement cost, and any change in value-added tax that the term "A (B)" pays to "B (Plaintiff)" for the smooth operation, maintenance, and management of the resource recovery facility.

6. The term "non-settlement expenses" means expenses included in personnel expenses, management expenses, incidental expenses, value-added tax, etc., which are not adjusted by the Ministry of Environment pursuant to the guidelines for calculation of operating expenses for facilities for the incineration of domestic wastes ( May 25, 201) and agreements;

7. The term "settlement cost" means the cost of maintaining the facilities and equipment required for the operation of the resource recovery facility, excluding the cost of settlement of accounts, the cost of OVHUL, the cost of power, and the cost of operating;