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(영문) 창원지방법원 2015.10.06 2015구합20037
분뇨수집.운반대행계약 직권해지 무효확인
Text

1. The part of the instant lawsuit claiming the confirmation of the other party’s status concerning the cleaning agency contract of excreta collection, transportation, etc.

Reasons

1. Basic facts

A. On April 17, 2001, Plaintiff A, who runs a business of collecting and transporting excreta in the trade name of “C”, obtained a license for a business of collecting and transporting excreta, etc. from Defendant on April 17, 2001; Plaintiff B, who runs a business of cleaning and collecting excreta, etc. in the trade name of “D”, obtained a license for a foul waste collection and transportation business from Defendant on November 7, 201

In an agency contract for foul waste collection and transportation, etc., the defendant shall be referred to as "A" and the plaintiff shall be referred to as "B" and the contract shall be concluded as follows:

Article 1 (Purpose) The purpose of this Agreement is to have "A" act on behalf of "B" in order to collect foul waste (including sewage and sludge of a private sewage treatment facility) and treat it smoothly in a foul power plant.

Article 2 (Treatment of Excreta) The term "B" shall properly dispose of collected excreta in accordance with the relevant statutes and regulations.

Article 3 (Period of Contract and Designation of District) (1) The contract period shall be from January 1, 2014 to the time the cause of renewal occurs, and "A" may adjust the contract period at any time when the cause of renewal occurs, and "B" shall comply with it, except in extenuating circumstances.

However, the reason for the re-contract is that "A" is deemed inevitable to change the term of the contract due to changes in the laws, ordinances and relevant regulations or guidelines, or other reasons.

Article 5 (Matters to be Observed by Agents) (1) "B" means the removal of foul waste.

No rejection of an office or any inconvenience shall be caused to local residents in collection and transportation.

(2) The term "B" shall always keep clean and sanitary maintenance and management of collection and transportation equipment, and shall ensure that the military residents do not feel aversion by conducting disinfection and cleaning at any time.

Article 6 (Service for Citizens) (1) The term "B" means a civil petition filed against his/her employees due to unfair charges and influence, etc.

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