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(영문) 인천지방법원 2017.10.12 2016가단255070
채무부존재확인
Text

1. "Contract between the Plaintiff and the Defendant for the Collection and Transportation of Domestic Wastes in Namdong-gu in 2016."

Reasons

1. Basic facts

A. The Plaintiff is a company that collects and transports household wastes on behalf of the Defendant. The Defendant is a basic local government on January 2016, and the Plaintiff excluded from household waste recycling and large-scale waste generated within the third area of the Nam-gu Incheon Metropolitan City (one to six thousand buildings; hereinafter “instant area”) from the Defendant, thereby taking charge of household waste and food waste.

A contract for collection and transportation services (hereinafter referred to as “instant contract”) was concluded.

B. In the case of 2015, three companies vicariously performed the collection and transportation of household wastes in the instant zone. The collection date was four times a week in the case of household wastes, three times a week in the case of food wastes, five vehicles for collecting household wastes, five vehicles for collecting household wastes, five vehicles for collecting household wastes, and thirty vehicles for human resources were inputs.

C. The instant zone is a wide range of multi-household houses and loan houses located in the old city area, and in the case of apartments, there are old apartments without underground parking lots, so it is difficult to collect them at night due to frequent vehicles parked on the ground.

Until 2015, all domestic waste collection and transportation services contracts within the jurisdiction of the defendant were conducted under a private contract, but the form of competitive bidding has been changed from the contract in 2016 to the competitive bidding, five companies have been in charge of the existing area, and the area in charge has also changed to the form of the responsibility of five companies, so it is impossible to use the existing data about the service cost.

Accordingly, the defendant has received a design service for calculating vehicles, human resources, and project costs necessary for collecting and transporting household wastes by the region in charge by setting the design service period of two months.

E. An existing company, including the Plaintiff, determined that it was substantially impossible to perform services as a result of the said design service, and did not participate in the tender in the year 2016 that the Defendant performed.

On the other hand, the plaintiff.

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