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1. The part against the defendant in the judgment of the first instance is revoked.
2. On April 19, 2013 between the Defendant and the Co-Defendant C of the first instance trial.
Reasons
1. After remanding the case, the Plaintiffs filed a claim to nullify the invalidity of the service contract specified in Paragraph (2) of the Disposition No. 2 (hereinafter “instant service contract”) against the Defendant and C (the co-defendant of the first instance court; hereinafter “C”). The first instance court dismissed all the claims of the Plaintiffs, and the appellate court prior to remand dismissed all the appeals by the Plaintiffs.
The plaintiffs appealed against this, and the remanded judgment reversed the part of the judgment prior to remanding on the ground that the plaintiffs' lawsuit against C is without interest in confirmation, and revoked the part of the judgment prior to remanding, and dismissed all of them, while the plaintiffs' claim against the defendant against the defendant on the ground that it is "the service contract of this case is null and void." The part of the judgment prior to remanding was reversed and remanded to this court.
Therefore, the lawsuit against the plaintiffs C is already finalized, and the scope of the trial after the remand is limited to the claim against the plaintiffs.
2. Basic facts
A. On November 30, 2006, the Plaintiffs engaged in the domestic waste collection and transportation business under the trade name of “D” with a license for a waste collection and transportation business using domestic wastes as wastes subject to business from the Defendant as the wastes subject to the business. After that, the Plaintiffs obtained a license for the alteration after increasing three pressure-causing vehicles around April 8, 2013.
B. C On March 1, 2013, “M” has completed business registration under its trade name, and on March 11, 2013, obtained permission from the Defendant for waste collection and transportation business using domestic wastes as business-related wastes.
C The license certificate for waste collection and transportation business is written with two Jump dump (N,O) and one pressure-driven vehicle (P).
C. In accordance with the relevant provisions of the Wastes Control Act, the Defendant decided to entrust the collection of general domestic wastes in Q and R areas to a private company. On March 20, 2013, the public notice of recruitment was given to a private company, and the public notice of recruitment was given only to a company that obtained permission for waste collection and transportation business pursuant to Article 25 of the Wastes Control Act.