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(영문) 광주지방법원 2020.09.09 2020가단507613
손해배상(기)
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 13, 2016, the Plaintiff entered into a contract with the Defendant for collection, transportation, disposal, and consignment of medical wastes (hereinafter “instant contract”) on a yearly basis from January 13, 2016. The details of the last contract concluded in 2019 are as follows.

Article 1 (Entrusted Transport Disposal) The treatment of medical wastes generated from the place of business of the defendant (discharger) shall be entrusted to C (hereinafter referred to as "C") by collecting and transporting them by the plaintiff (operator).

Article 4 (Period of Contract) This Agreement shall commence from January 13, 2019 to January 12, 2020, shall take effect simultaneously with the contract, and shall be automatically extended on an annual basis, if no separate notice is given by one month before the expiration of the contract period.

Article 6 (Cancellation of Contracts and Compensation for Damages) (1) The defendant, the plaintiff, and C shall faithfully implement the terms and conditions of this Agreement, and may claim damages against the other party due to the violation of the terms and conditions of this Agreement or

(2) The defendant, the plaintiff, and C shall observe the contract period under Article 4, and shall compensate the other party for the amount twice the treatment expenses for the remaining contract period based on the average treatment expenses for the last three months when the contract period has not been fulfilled.

B. On January 9, 2020, the Defendant notified the Plaintiff of the termination of the instant contract.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 6 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the contract of this case is automatically extended on a yearly basis, if there is no separate notice of termination one month prior to the expiration of the contract term, and since the Defendant did not make a separate notice of termination one month prior to the expiration of the contract term, the contract was automatically extended from January 13, 2020 to January 12, 2021.

However, on January 9, 2020, the Defendant notified the Plaintiff of the termination of the instant contract, and the Plaintiff consented to the termination of the instant contract.

This is based on the defendant's deception.

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