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(영문) 서울남부지방법원 2020.01.31 2018가합112384

위약금 등

Text

1. Defendant C Co., Ltd.: (a) KRW 100,000,000 against the Plaintiff (Counterclaim Defendant) and its related thereto from November 10, 2018 to January 31, 2020.

Reasons

1. Basic facts

A. On July 1, 2015, the Plaintiff entered into a contract for the collection, transportation, and disposal of medical wastes generated from the Plaintiff hospital (hereinafter “instant contract”) with Defendant C, who runs the medical waste collection and transportation business of Defendant B and the Defendant C, who runs the medical waste collection and transportation business of the Plaintiff hospital, when Defendant B collected and transported the medical wastes generated from the Plaintiff hospital, the Plaintiff entered into such contract with Defendant C to the effect that the said medical wastes are incinerated and disposed of (hereinafter “the instant contract”). The details are as follows.

The unit cost of collection, transportation, and processing: Article 1 (Period of Contract) of the total of KRW 510 and KRW 750 of the cost of transportation, KRW 240 of the cost of disposal, shall be effective from July 1, 2015 to June 30, 2018, and if no written notice concerning termination of the contract is given two months before the expiration, this contract shall be deemed automatically extended.

Article 3 (Payment of Expenses) Costs for Entrustment shall be paid by the Plaintiff to the Defendant B, and the Defendant B shall pay the costs of transportation and disposal to the Defendant C by the 15th of the following month.

Article 4 (Termination of Contract and Compensation for Damages) The original defendant shall faithfully implement the terms and conditions of the contract, and where the other party suffers damage to the other party due to the failure to perform the contract, the other party may terminate the contract and request a penalty (the average amount of three months x kg unit price x the number of remaining months x

B. Around June 2018, Defendant C did not have a written notice on the termination of the contract of this case at least two months prior to the expiration of the contract term of this case, and Defendant C notified the Plaintiff of the termination of the contract that “the contract of this case was terminated on June 30, 2018 and lost its effect.” Accordingly, the Plaintiff is deemed to have been automatically extended if there was no written notice on the termination of the contract of this case to Defendant C around July 30, 2018, even if there was no written notice on the termination of the contract two months prior to the expiration of the contract of this case, the above notification on the termination of the contract of this case is not effective, and the Plaintiff is to endeavor to conclude a new contract with the medical