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(영문) 대전지방법원 2015.05.12 2014가단217126
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In February 2012, the Plaintiff and the Defendant concluded a contract including the following (hereinafter “instant long-term continuing service contract”) between the Administrator of the Public Procurement Service and the Plaintiff in order to perform the Defendant’s contractual affairs, a local government, in the course of concluding a food waste disposal service contract.

From February 1, 2012 to January 31, 2014: Provided, That if a new processing agent is not selected after the expiration of the contract, the automatic extension shall be made until the time of the appointment of the next processing agent, and the disposal expenses for the extended period shall be paid in accordance with the standards for the disposal expenses for the relevant year.

(Article 3). Food waste disposal expenses are ton (won). The plaintiff claims the defendant for the monthly waste disposal expenses not later than the fifth day of the following month. The defendant shall pay it within 14 days from the date the plaintiff claims.

(Article 5). When any of the following grounds arises, the plaintiff shall comply with the defendant's request, and the contract may be changed under the agreement of the plaintiff and the defendant:

1. When significant changes occur in the contents of the agency business due to changes in the food waste collection system of the defendant;

2. When the plaintiff must perform the project according to the defendant's special business instruction.

3. Where the plaintiff and the defendant are mutually recognized due to other unavoidable reasons (Article 13 of the Medical Service Instructions).

B. Based on the instant long-term continuing service contract, each service contract was additionally prepared between the Plaintiff and the Defendant (referring to the Administrator of the Public Procurement Service who has processed the contractual affairs; hereinafter the other party to the contract as “the Defendant”) as of February 17, 2012, February 21, 2014, and March 21, 2014. The unit price for food waste disposal expenses determined under the instant long-term service contract was KRW 63,480 per ton from February 1, 2012 to December 31, 2012, and the Plaintiff additionally extended the period from February 1, 2014 to April 30, 2014 to December 31, 2012, and the Plaintiff additionally extended the period of the instant long-term service contract to KRW 74,370 per ton from January 1, 2013 to January 31, 2014.

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