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(영문) 대전지방법원홍성지원 2016.09.07 2015가단11304
폐기물처리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around April 23, 2015, the Defendant and NAPS Co., Ltd. (hereinafter “GS ESS”) entered into a goods disposal contract with the Defendant on the part of the Defendant for the commercial wastes generated at the Abiomers power plant operated by the GS ES, with the content of the Defendant’s transportation and disposal. The unit price of the fugitives (fly called “the instant wastes”; hereinafter “the instant wastes”) agreed to be KRW 70,00 per cubic meter.

On May 23, 2015, the Plaintiff and the Defendant concluded a contract with the Plaintiff to dispose of the instant wastes transported by the Defendant, and agreed to the unit disposal cost per ton of 30,000 won.

On the other hand, around May 2015, the Plaintiff, the Defendant, and the ESPS collected and transported industrial wastes discharged by the ESPS, and the Plaintiff prepared a written contract to dispose of the said wastes (hereinafter “third-party contract”). The said written contract states that the unit price for collection, transportation, and disposal of the instant wastes is KRW 70,000 ( = KRW 30,000 per transportation cost).

The Plaintiff treated the instant wastes from May 23, 2015 to June 23, 2015.

In the meantime, the Plaintiff and the Defendant suspended the transaction, and around July 8, 2015, the Defendant prepared a transportation contract with the content that the Defendant will only transport the entire quantity of the instant wastes collected from GSS to the Plaintiff (hereinafter “instant transportation contract”), and resumed the transaction.

From July 9, 2015 to July 31, 2015, the Plaintiff treated the instant wastes of 1190.89 tons (hereinafter “waste from July 1, 2015”).

The Plaintiff was fully paid the costs of collecting, transporting, and disposing of the instant July wastes from GSS.

[Ground of recognition] Facts without dispute, Gap 1, 4, 5, Eul 1, 4, witness A, B, and the purport of the whole pleadings

2. The plaintiff asserts that the defendant did not pay to the plaintiff the disposal costs of the waste for the July of this case from GSS, while he received the disposal costs from GSS, against the defendant.

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