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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On April 6, 2019, the Plaintiff asserted that the Defendant’s spouse in a de facto marital relationship may process residuess (waste synthetic resin) generated from the waste screening site from D. D., and that part of the Defendant’s comprehensive recycling business site (former Northwestan E) is jointly operated between the Defendant and the Defendant, but the Plaintiff and the Defendant agreed to jointly operate the recycling facility cost to invest KRW 50 million in each recycling facility cost. The Plaintiff entered into a partnership agreement with the Defendant and D. Accordingly, on April 9, 2019, the Plaintiff agreed to take charge of the contract for the collection and transportation of residuess to be concluded with the Plaintiff. Accordingly, on the part of the Defendant and D., the Defendant collected and transported waste synthetic resin 6,60 tons discharged by F. 6,60 tons, and entered into a contract for the entrustment of commercial waste treatment (hereinafter “service agreement”).
(C) On behalf of the Defendant, the Plaintiff entered into a partnership agreement and a service agreement on behalf of the Defendant. The Plaintiff invested KRW 44,512,810 in order to install recycling facilities at the Defendant’s recycling business establishment in accordance with the above partnership agreement and the service agreement, and purchased the fork and log, etc.
However, on May 7, 2019, the Defendant reversed a partnership agreement or service contract with the Plaintiff that it is impossible to process the waste synthetic resin for recycling.
As seen above, the Defendant unilaterally reversed the partnership business agreement or service agreement, or by deceiving the Plaintiff to be able to recycle waste synthetic resin, thereby causing damage to the Plaintiff in total to KRW 60 million by deceiving the Plaintiff to be able to recycle waste.
Therefore, the defendant is obligated to pay the plaintiff the damages amounting to 60 million won and the damages for delay.
B. The defendant's assertion is that the defendant entered into a partnership contract with the plaintiff, etc. or entered into a service contract with the plaintiff, etc.