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(영문) 대전지방법원공주지원 2017.06.15 2016가단775
운송료
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 43,120,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 18, 2016 to June 15, 2017.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The Plaintiff is a stock company with the purpose of collecting, transporting, and selling wastes, and the Defendant is a stock company with the purpose of collecting and transporting food wastes, manufacturing, and selling manure.

B. On February 16, 2015, considering the definition of Article 2 of the Withdrawn Fertilizer Control Act, it is reasonable for the Plaintiff, the Defendant, and the Simsung Purd Co., Ltd. (hereinafter “Surd Co., Ltd.”) to express the term “fertile”, but in the instant case, since all the parties use the term “surination”, the fertilizer is expressed as “surination”.

The supply contract of this case is 'the supply contract of this case'.

Article 1 (Purpose of Contract) The purpose of this Agreement is to collect and transport the retirement expenses incurred at the Defendant’s place of business and dispose of them to the Defendant’s place of business. The term of this Agreement under Article 2 (Period of Contract) shall be one year from March 1, 2015 to March 1, 2016, provided that the term of the contract may be extended by one year in consultation prior to the expiration date of the contract, provided that the term of the contract may be extended by one year from the date of the contract. Article 3 (Period of Elimination subject to Treatment) is limited to the retirement expenses incurred at the Defendant’s place of business. Article 4 (Collection and Transportation Disposal

1. The defendant shall calculate the transportation cost of retirement expenses discharged from his/her place of business to 400,000 won per unit per plaintiff, and shall make cash settlement (not later than five days after the settlement of 15 days) twice a month with the plaintiff's account and issue a tax invoice accordingly;

(Provided, for a period of two months, the Plaintiff may refuse to transport the discharge from the Defendant’s workplace, and may claim compensation for damages therefrom. (The above payment date shall be KRW 400,000,000, whichever is the same as the transport cost.) If the above payment date is set, the Plaintiff may refuse to transport the discharge from the Defendant’s workplace.

2. Exemplary turf shall be treated with the whole amount of retirement expenses incurred by the defendant free of charge;

Article 5 (Duties and Responsibilities)

1. Sychomady is the defendant.

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