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(영문) 제주지방법원 2018.08.16 2018나114
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The scope of collection under Article 1 of the General Waste Collection Contract for Industrial Wastes Collection, and separate collection;

1. The scope of collection to be conducted by the Plaintiff shall be limited to household wastes (e.g., inflammable, recycled, and discharged inside guest rooms), and when the Defendant separately discharges inflammable and recycled wastes in a collection center designated by the Defendant, the Plaintiff shall dispose of them.

(Provided, That the defendant shall put combustible plastic bags into and discharge them, and recycle and discharge them into transparent plastic bags, and then collect the contract amount and the price of waste collection charges under Article 3 of the Act.

2. The plaintiff shall claim waste collection charges by the 30th day of each month, and the defendant shall pay waste collection charges by the 15th day of the following month.

Article 5 Waste Collection Period: From January 1, 2017 to December 31, 2017; the storage of matters other than contractual matters and contracts under Article 6

4. Method of calculating collection fees within the contract period;

(a) Combustible wastes: 1,700,000 won per week on a monthly basis;

(b) Recycling (plates, cans, etc.) treatment expenses: a fixed monthly amount of 300,000 won per week or twice;

(c) 2,100,000 won per month in total, of a monthly fixed amount of 100,000 won per week; and

A. Around December 2016, the Plaintiff entered into a contract for the collection of wastes with the Defendant who runs hotel business as follows.

B. The Plaintiff disposed of the Defendant’s waste from January 2, 2017 to March 2017. However, the Defendant did not pay the Plaintiff KRW 6,300,000 (= KRW 2,100,000 x 3 months) for the aforementioned period.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, barring any special circumstance, the Defendant calculated the Plaintiff at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 27, 2017 to the date of delivery of a copy of the instant complaint (payment order) sought by the Plaintiff after the deadline for payment of waste disposal expenses, and from June 27, 2017 to the date of full payment.

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