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(영문) 서울중앙지방법원 2017.10.20 2017가합520951
방치폐기물처리비용청구
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 345,456,90, and Defendant A Co., Ltd. with respect thereto from May 31, 2017.

Reasons

Basic Facts

The Plaintiff is a corporation established to guarantee the disposal of abandoned waste pursuant to Article 47 of the Construction Waste Recycling Promotion Act (hereinafter referred to as the "Construction Waste Act") and to promote autonomous economic activities by promoting cooperation among its members, and to provide various kinds of guarantees, loans, etc. necessary for construction waste disposal business.

Defendant A (hereinafter “Defendant A”) is a construction waste disposal business entity who is the Plaintiff’s member, and Defendant B was the representative director of the Defendant Company from December 16, 2012 to September 18, 2014.

On January 21, 2013, the Defendant Company subscribed to the Plaintiff as the Plaintiff’s partner while paying contributions and investments. At that time, between the Plaintiff and the Plaintiff, the Defendant Company entered into an agreement to guarantee the performance of the management of abandoned wastes (hereinafter “instant guarantee agreement”) with the effect that the Defendant Company would assume all responsibility when abandoned wastes occur, and Defendant B jointly and severally guaranteed all the obligations that the Defendant Company owes to the Plaintiff according to the instant guarantee agreement.

On March 30, 2016, after issuing an order to dispose of abandoned waste by March 30, 2016 pursuant to Article 43 of the Construction Waste Management Act, the Defendant Company issued an order to dispose of abandoned waste to the Defendant Company by March 30, 2016, which extended the disposal period until April 30, 2016.

However, on June 9, 2016, the Defendant Company did not dispose of the abandoned waste by the disposal deadline, and the head of the complete Gun issued an order to dispose of the abandoned waste that the Defendant Company caused to the Plaintiff pursuant to Article 46 of the Construction Waste Act.

On July 19, 2016, the Plaintiff concluded an entrustment contract for collection, transportation, and disposal of neglected waste (hereinafter “instant entrustment contract”) with a limited liability company C (hereinafter “C”) under which the Defendant Company is obliged to dispose of the abandoned waste that occurred.

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