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(영문) 대전지방법원 2018.06.21 2017가합101878

계약해지로 인한 매매대금 반환청구

Text

1. Defendant B Co., Ltd.: (a) KRW 297,141,400 for the Plaintiff and 6% per annum from April 15, 2017 to June 21, 2018.

Reasons

1. The facts following the facts of recognition do not conflict between the Plaintiff and the Defendant C’s organization (hereinafter “Defendant C organization”), or can be acknowledged in full view of the overall purport of the pleadings in each of the evidence Nos. 1 through 4, Gap evidence No. 8, Eul evidence No. 9, Eul evidence No. 2 (including the serial number), and between the Plaintiff and the Defendant B (hereinafter “Defendant B”), it is deemed that the Defendant led to confession pursuant to Article 150 of the Civil Procedure Act.

The plaintiff is a juristic person with disabilities, senior citizens, and children, and various social welfare facilities entrusted business, etc., and the defendant B is a company that carries on business of collecting and selling scrap metals, waste cables, waste collection and transportation business, etc.

In addition, the defendant C organization is an organization established with members of Article 4 (1) 4 and subparagraph 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State in accordance with the Act on the Establishment of Organizations, such as Persons of Distinguished

B. As a part of profit-making business, the Defendant C’s organization entrusted a third party with the facilities and human resources required by the relevant statutes without directly treating the said wastes, and performed the project by receiving some of the profits therefrom.

C. Accordingly, on October 10, 2005, the Defendant C organization entrusted the F with the disposal, collection, and transport of wastes by the Defendant C organization to the State agency, etc. (hereinafter “waste disposal business”), and entered into a contract with the F to carry out the said waste disposal business in the name of the Defendant C organization, but the F bears all the funds necessary to carry out the said waste disposal business, and instead pay 3% of the sales amount to the Defendant C organization.

On April 26, 2013, the Defendant C’s organization entered into a goods supply contract with the content that it will be supplied with a disused cable (waste cable) from KT Co., Ltd., and wastes from Defendant C’s organization.