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1. The judgment of the court of first instance is modified as follows.
Defendant 9,017,120,000 won against Plaintiff on September 9, 2015.
Reasons
In light of the aforementioned legal principles, the lower court’s determination is justifiable and acceptable. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.
2 13 and 14 sides are as follows: “The former Enforcement Decree of the Waste Facility Installation Promotion Act (amended by Presidential Decree No. 25165, Feb. 11, 2014; hereinafter the same shall apply)” is as “Enforcement Decree of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Enforcement Decree of the Waste Facilities Promotion Act”).
From the last 2nd parallels to the 3rd parallels (for the purpose of writing, excluded from the parallels), the two highest parallels are as follows:
(1) The method of calculating the site area under the Ordinance of this case [the daily waste volume x 40 square meters x 40 square meters)] ± the building-to-land ratio ± the additional site area of the resident convenience facilities 】 2,165.9 square meters in the area of the resident convenience facilities ± [30 square meters in the area of 330 square meters] ± 0.4 x 1.1 food waste disposal facilities 】 2,048.2 square meters in the area of 330 square meters [(2.12 tons x 40 square meters x 40 square meters)] ± 0.4 x 1.1.1 x 1.1. 1.30% in the area of the site for the convenience facilities for residents 】 (2) 】 3,687,000 square meters in the area of the project district of this case 】 3,687,000 square meters in the area of the land x 36308,30537,701 square meters in the area
D. The Defendant calculated 7,109,186,000 won for the purchase of the above waste disposal facility site by adding 10% to the area of the residential convenience facility site as follows.
E. The Defendant calculated the installation cost of the above waste disposal facility 1,907,934,000 won (=1,399,134,000 won + 508,800,000 won), including 10% of the installation cost of the above waste disposal facility, as follows.
3.1.29.29 340,00,000,399,134,000 food and 2.21.21.2, 200,000,000,808,800,000 / 3.19.29 1.29,000,000,000 / 1.2,000 / 1,000 / 2,000 / 3.1,2,000