logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.20 2016가합717
부당이득금
Text

1. The Defendant: KRW 8,034,170 for the Plaintiff and KRW 5% per annum from April 20, 2016 to January 20, 2017; and

Reasons

1. Basic facts

A. On February 28, 2014, the Plaintiff (formerly changed: E.S. A. S. E. S. A. K.C.) concluded a private consignment service contract (hereinafter referred to as “instant recycling contract”) for the operation of the Yongsan-si Recycling Center (hereinafter referred to as the “instant recycling center”) with the purpose of distinguishing and collecting waste synthetic resin, collecting and transporting wastes, etc. on the part of the Defendant and the service period from March 1, 2014 to December 31, 2015 (from December 31, 2014, up to December 31, 2015; hereinafter referred to as the “instant contract”). The main contents of the written instructions for the operation of the instant recycling center are as follows.

Article 1 (Scope of Agency Business) The Plaintiff shall be responsible for the selection and treatment of recyclables brought into the Center by the Defendant (hereinafter referred to as "patched volume of recyclables") and the overall operation and management of the Recycling Center.

Within the scope of other facility capacity (90 tons/day), the Plaintiff may utilize the Defendant’s facilities in the selection and treatment of recycled products brought into Korea for the Plaintiff’s business.

Article 6 (Duties of Proxy)

3. The plaintiff shall observe the laws and regulations regarding the management and operation of the recycling center during the period of the agency operation, and shall not change the structure of the facility acquired without the defendant's prior approval.

13. The Plaintiff’s sales cost of recycled products according to the product-specific ratio based on 61% prior to the 2013-year prior to the volume of imported goods shall be reverted to the Defendant’s revenue and deposited by the 15th day of each month.

The sale ratio by item in 2013 (hereinafter referred to as the "sale ratio table for items, such as strike, scrap iron, bottle, plastics, etc.") 14. The plaintiff shall treat all the items designated as recycled by the defendant, and shall not refuse to bring in on grounds of the reclassification, etc. of recyclable wastes.

16. The Plaintiff may use a facility for the incineration or reclamation of household wastes at the time of the Defendant within the limit of 39% of the “amount of temporary admission”, and the Plaintiff shall be exempt from fees.

Article 7 (Expenses for Operation of Agency)

1. Expenses incurred in settling accounts;

arrow