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(영문) 서울서부지방법원 2016.09.02 2014가단240344
재활용수거대금등 청구의 소
Text

1. The Defendant’s KRW 25,51,690 as well as the Plaintiff’s annual rate of 5% from May 1, 2013 to October 10, 2014, and the following.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives formed on January 23, 2013, comprised of 51 A apartment units in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and 3,293 residents.

B. On October 5, 2012, the Defendant participated in an open bid to select a recycling company of the foregoing apartment complex. A tender is accompanied by a certificate of the personal seal impression and each copy of employee identification system, each of which appears to be attached to the company letter, and a proxy letter with the Defendant’s employees D as a mandatory agent. The Defendant’s name is accompanied by the “performance guarantee (tender guarantee) mutual aid certificate” issued by the Korea Housing Manager Association through the Internet (tender guarantee pursuant to the supply contract).

C. On October 12, 2012, the Plaintiff apartment management office E and the Defendant entered into a contract on consignment disposal with the Defendant to pay the collection price to the Plaintiff instead of collecting recyclables (hereinafter “instant contract”).

Article 4 (Term of Contract)

1.The term of this Agreement shall expire upon the election of the representative of A resident Dong.

2. This contract shall be deemed automatically terminated on the expiration date of the contract, unless the contract extension agreement or the renewal agreement between the plaintiff and the defendant with respect to the extension of the contract is reached 30 days prior to the expiration date.

Article 6 (Payment for Recycling and Collection) 1,830 won per household living in each month.

D. Around January 23, 2013, the Plaintiff’s election of representatives for each building of occupants was conducted on or around January 23, 2013. The Plaintiff notified the Defendant that the instant contract was terminated on April 5, 2013 by content-certified mail.

E. Based on the Plaintiff’s occupancy households, the collection amount calculated at the rate of KRW 1,830 per household from October 2012 to April 2013 is KRW 27,476,790.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1, 2, 3, and 9 (the defendant has a defense that he/she was forged with Gap evidence Nos. 2 and 9), but he/she is not allowed to accept the argument as followed.

(2) The grounds of appeal No. 1

2. The Parties.

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