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(영문) 인천지방법원 2015.05.19 2014가합7489
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Plaintiff’s foul waste collection and transportation business (1) around September 19, 2012, the Plaintiff acquired a business related to foul waste collection and transportation from Samdong Tech Co., Ltd., and the head of Gyeyang-gu Incheon Metropolitan City accepted the Plaintiff’s report on the change in the Plaintiff’s license for foul waste collection and transportation following the above business takeover on October 5, 2012. (2) After the Plaintiff’s trade name, “B” engaged in foul waste collection and transportation business in the Gyeyang-gu Incheon Metropolitan City. At the time of October 5, 2012, the Plaintiff was holding C (14.5t) and D (4.5t) with a foul waste collection and transportation vehicle at the time of November 20, 2012, and proved F (15t) as of February 25, 2013, respectively.

B. The Defendant’s implementation of the Defendant’s excreta purification tank distribution system 1) Incheon Metropolitan City is the excreta collection and purification tank for each Gun/Gu (hereinafter “Oman”).

B) Before June 2009, the CY distributed the CY to the treatment site of excreta. From July 2009, the CY distributed the CY to the treatment site of excreta, and from around July 2009, the CY used to treat household excreta and livestock wastewater in which the integrated treatment facility of excreta and livestock wastewater is installed.

2) The Incheon Metropolitan City allocates excreta and sludge that can be brought into the family unit for each Gun area on the ground that excreta and sludge generated every day in Incheon exceeds the capacity to purify at the family unit (2,030t a day). At that time, the amount of excreta and sludge distributed to the Defendant was 230t per day in total.

3) Following the amendment of Article 45(5) of the Sewerage Act on April 5, 2011, there is no obligation to separately collect foul waste and sludge. Accordingly, Incheon Metropolitan City’s Incheon Metropolitan City’s order to amend the dividing distribution system of foul waste and sludge, integrated the distribution system of foul waste and sludge on November 23, 2012, adjusted the distribution amount by the Gun/Gu. Accordingly, the Defendant’s allocation of foul waste and sludge was adjusted from 230 tons to 265t per day on April 1, 2013.

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