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(영문) 서울고등법원 2015.07.24 2014나43689

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, in addition to the contents to be explained by the court of first instance by which the judgment of the court of first instance is partially dismissed or added:

(The main text of Article 420 of the Civil Procedure Act). 2. The 15th to the last reduction of the reasons for the judgment of the court of first instance shall be made in accordance with the following subparagraphs.

(3) "Terms and Conditions Regulation Act for the part concerning violation of Articles 6 and 8 of the Terms and Conditions Regulation Act" refers to the terms and conditions of a contract, regardless of its name, form or scope, which a party to a contract has prepared in advance to enter into a contract with several other parties.

(1) The Defendant, a non-profit incorporated association, established to fulfill the obligation of producers obligated to recycle under the Recycling Act, pays to the State recycling charges in an amount not exceeding 30% of the cost for recycling of the non-recyclinged wastes, which is set forth in the attached Table 7 of Article 28 of the Enforcement Decree of the Recycling Act (see Article 19(1) of the Recycling Act, and Article 28 of the Enforcement Decree of the Recycling Act). Thus, in order to achieve the mandatory recycling rate, the Defendant, a non-profit incorporated association, established to perform the obligation of producers under the Recycling Act, pays recycling charges in an amount not exceeding 30% of the cost for recycling of the non-recyclinged wastes to the State (see, e.g., Article 19(1) of the Recycling Act, and Article 28 of the Enforcement Decree of the Recycling Act). If the collection company, including the Plaintiff, has entered into an annual target collection contract with its member recruitment with the collection company, and if the collection company fails to meet the target collection rate per company, the Defendant shall pay the amount to the Defendant.