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(영문) 서울고등법원 2018.09.20 2017나2068166
방치폐기물처리비용청구
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status 1) The Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”)

(2) The Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a construction waste interim disposal business entity that guarantees the disposal of abandoned wastes pursuant to Article 47 and promotes autonomous economic activities by promoting cooperation among its members, and is established with the purpose of providing various guarantees, financing and mutual aid services necessary for construction waste disposal business. (2) The Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the Plaintiff’s member, and the Defendant B was the nominal representative director of the Defendant Co., Ltd. from December 16, 2012 to September 18, 2014.

B. (1) On January 21, 2013, the Defendant Company paid the Plaintiff an investment and a contribution, and subscribed as the Plaintiff’s member, and entered into an agreement to guarantee the performance of the disposal of abandoned waste (hereinafter “instant guarantee agreement”) with the Plaintiff.

The Defendant B entered into a guarantee agreement, and Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to the instant guarantee agreement. The key contents of the instant guarantee agreement relating to the instant case are as follows. [Agreement] Under Article 1 [Agreement] Article 24 subparag. 1 of the Construction Waste Act, the Defendant Company paid contributions to the Plaintiff, and if a neglected waste occurs, the Defendant Company is fully responsible for all of the Defendant Company. [Additional Apportionment Agreement] Article 2 [Additional Apportionment] Article 2] Article 2 of the Plaintiff’s members, if a neglected waste occurs, the Defendant Company agreed to pay additional contributions in accordance with the provisions prescribed by the Plaintiff. Article 3 [Article 25 of the Articles of Incorporation of the Plaintiff for the Defendant Company’s loss of benefit of time ① Article 25 of the Articles of Incorporation of the Plaintiff due to cancellation of permission, etc., Article 24 of the Articles of

In the event of occurrence of reasons for this, the Plaintiff.

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