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(영문) 인천지방법원 2017.10.19 2016구합51430

영업정지처분취소등

Text

1. On March 10, 2016, the head of J-gu Incheon Metropolitan City rendered a disposition of suspension of business for one month against Plaintiff B Co., Ltd.

Reasons

1. Details of the disposition;

A. The party status K is the representative director of the Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd. omitted”), the “L” under the name of the Plaintiff G, the wife of the Plaintiff G, the “M” under the name of the Plaintiff I, and the “O” under the name of the Plaintiff I, the wife of the Plaintiff, and the president of the Plaintiff H Union (hereinafter “Plaintiff Union”).

Plaintiff

The Cooperative is a 11 cleaning business entity licensed for foul waste collection and transportation business in the J-gu Incheon Metropolitan City (P operated by Plaintiffs A, B, C, D, Plaintiff E, and F, L, the above “L,” the above “M,” the above “O, Q, and R) established in accordance with the Framework Act on Cooperatives.

Plaintiff

Partnership did not obtain a license for foul waste collection and transportation business.

B. (1) Defendant J-gu, Incheon Metropolitan City (hereinafter “Defendant J-gu”) concluded an agency contract for foul waste collection and transportation (hereinafter collectively referred to as “each of the instant contracts”) with the Plaintiff on January 31, 2015, pursuant to Article 41(1) of the Sewerage Act, pursuant to Article 41(1) of the same Act.

Plaintiff

A union succeeded to the contractual status of O(N) around September 2015.

(2) The main provisions pertaining to matters to be observed and termination of the contract of this case are as follows.

Article 12 (Termination of Agency Contract) (1) In any of the following cases, a "trustee" may terminate the agency contract with a "trustee":

2. Where matters to be observed in a contract are significantly violated or permission is required;

In the absence of any one of the cases (facilities, equipment, and technical personnel), "trustee" under Article 13 (Matters to be Observed) shall comply with the following matters:

1. No charge shall be collected in excess of the guidelines prescribed by municipal ordinances;

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.

C. The suspension of business and the termination of the contract against the plaintiffs (1) Defendant Jin-gu Incheon Metropolitan City.