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Reasons
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(영문) 수원지방법원성남지원 2015.04.08 2014가합207524
음식폐기물 대금반환채무 부존재확인
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1. The Plaintiff’s obligation to return KRW 227,256,30,00 for the sales proceeds of food waste by-products to the Defendant.

Reasons

1. Basic facts

A. On July 2001, the Plaintiff was selected as a private consignment company of the Defendant’s food waste recycling facilities and entered into an agreement on the entrusted operation of food waste recycling facilities with the Defendant for the first time around February 2002, and continues to be supplied with food wastes collected and transported within the Defendant’s jurisdiction until now at the expiration of the agreement at the time of re-agreement.

B. From April 28, 2014 to May 23, 2014, the Defendant inspected the Plaintiff’s operation status, and on August 7, 2014, the Defendant took financial measures to return KRW 227,256,30,00 to the Plaintiff, as indicated below, the sum of profits earned by the Plaintiff from selling by-products (raw materials) produced after the disposal of food wastes within one month.

(Unit: 3,978,960 3,969,010,86,897,100 A and 1203,887,07,073,030 1,473,070 1,46,527,100 " from January to April 2014, 2014 1,473,030 1,461,070 43,832,100 " from April 9, 339,009,309, 304, 270, 227, 256, 300 "

C. The main contents of the Convention on the Entrustment of Food Waste Recycling Facilities concluded on February 13, 2014 by the Plaintiff and the Defendant (hereinafter “instant Convention”) are as follows.

Article 2 (Definition of Terms) The definitions of terms used in this Convention shall be as follows:

1. The term "food wastes" (hereinafter referred to as "food wastes") means wastes generated in the course of producing, distributing, processing, cooking, storing, and consuming food materials or food, food left behind;

2. The term "recycling of food wastes" means the use of food wastes as food for livestock, or the use of feed manure, compost fuels, and other purposes after undergoing interim treatment;

3. The term "food waste recycling plant" means a facility for treating food wastes and recycling them as feed, composts, fuel, etc.;

Article 3 (Entrusted Affairs) (2) The defendant shall pay to the plaintiff.

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