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(영문) 서울북부지방법원 2015.11.10 2015나30761
손해배상(기)
Text

1.To order the payment of money in excess of the following order of payment in the principal lawsuit of the judgment of the first instance.

Reasons

1. Facts of recognition;

A. On October 15, 2010, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant in Geumcheon-gu Seoul Metropolitan Government with respect to the collection of recycled products generated from A apartment located in Geumcheon-gu (hereinafter “Defendant apartment”) and had it collected recyclable products generated from the said apartment from November 1, 2010 to May 13, 2014 each year upon renewal of the above contract. The main contents of the instant service contract, which was renewed on November 27, 2013, are as follows.

(1) Contract period: (a) from December 1, 2013 to November 30, 2014, the Plaintiff shall advance a deposit of KRW 12.5 million to the Defendant; (b) shall pay the amount of KRW 6,250,834 per month to the Defendant on the 1st day of each month; and (c) collectable goods (types, clothing, plastics, scrap metal, small home appliances, and all other recyclable items) shall be collected on the day’s own demand at a place designated by the Defendant.

(3) The Defendant shall take measures to ensure that the Plaintiff acquires ownership of, and exercise ownership on, the recycled goods. For the convenience of the Plaintiff’s collection, the collection goods shall be separated by type and put in a marina or vinyl to the designated place.

(4) The Plaintiff shall supply the entire quantity of the collection container (mast, vinyl paper and lute standard plastic bags) free of charge as required.

(5) In the event that the Plaintiff does not collect goods on the date of collection, the amount equivalent to 1/10 of the monthly contract amount per unclaimed per day shall be paid to the Defendant. In the event that the Defendant sells recycled goods to a third party who is not the Plaintiff, the amount equivalent to 50% of the monthly contract amount shall be paid to the Plaintiff. The Plaintiff shall be liable for damages and criminal charges against the person who has leaked

B. The Plaintiff paid KRW 12.5 million to the Defendant according to the instant service contract at the time of the conclusion of the contract. On December 17, 2013, the Plaintiff paid KRW 1,396,800 at the cost of the container for collection required one year (from December 1, 2013 to November 30, 2014).

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