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(영문) 대구지방법원 포항지원 2018.05.01 2017가단103236
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff has continuously disposed of food waste in the port since it entered into an agreement with the Defendant on the collection, transportation, and disposal of food waste around October 199 as a corporation that engages in waste recycling business, etc.

However, the Plaintiff filed a lawsuit seeking confirmation, such as the period of free use, against the Defendant on the introduction of a competitive bid system of food waste consignment business, and the period of free use of food waste recycling equipment for the Plaintiff’s operation, etc., by the Daegu District Court Branch Branching 2010Kahap2492. On July 2011, the said lawsuit became final and conclusive by the Defendant’s decision of recommending reconciliation that the Defendant entrusts the Plaintiff with the collection, transportation, and disposal of food waste by June 30, 2020.

On November 21, 201, the Plaintiff and the Defendant concluded an agreement on the collection, transportation, and disposal of food waste (hereinafter “instant agreement”) in accordance with the said decision of recommending reconciliation.

Article 5(1) of the Convention provides that “The plaintiff and the defendant shall execute unit price contracts each year in accordance with the Act on Contracts to which a local government is a party,” and Article 25 of the Act on Contracts to which a local government is a party shall be construed as “the head of a local government or a contracting officer may conclude a unit price contract in advance within budgetary limits for the pertinent fiscal year if it is necessary to continuously conclude a contract for manufacture, purchase, repair, repair, restoration, processing, sale, supply, use, etc. for a certain period.”

Pursuant to Article 14(8)1 of the Wastes Control Act and Article 9(2) of the Enforcement Rule of the Act on Contracts to Which a Local Government is a Party, the Defendant requested the Korea Industrial-Related Institute, the Korea Economic Policy Institute, the Korea Industrial and Economic Institute, etc. to provide each cost calculation service for the conclusion of the above unit price contract, and the above service agency.

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