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(영문) 대전지방법원 2015.11.24 2015가단28422
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,503,480 and the interest rate of KRW 15% per annum from July 18, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party to the Wastes Control Act (hereinafter “Act”).

(2) Article 40, Article 41, etc. of the Act and the articles of incorporation of the Plaintiff provide various guarantees necessary for waste treatment business and the performance of neglected wastes to guarantee the disposal of neglected wastes, and where a partner fails to pay the contributions from the association members, such as a waste treatment business operator or a person who has reported waste treatment business, it is a non-profit corporation established with the aim of contributing to environmental conservation by operating a mutual aid business for the disposal business operator, etc., who is the association members, after receiving an order from the authority (the Minister of Environment or the Mayor/Do Governor) to properly dispose of the contributions and by operating a mutual aid business for the expenses exceeding the contributions. (2) The Defendant, upon receiving an interim business license from the aged head of the Gun on August 18, 200, paid the contributions of KRW 5,181,720 on November 12, 200, as a member of the Plaintiff, with the guarantee bond for the disposal of abandoned wastes from the Plaintiff, is established for the purpose of business purposes

B. On October 2014, the Plaintiff’s waste disposal (i) due to neglecting the Defendant’s waste disposal due to the Defendant’s neglect of waste in the foregoing workplace, and (ii) the aged head of the Gun, who did not comply with an order to dispose of abandoned waste issued by the aged head of the Gun under Article 40(2) of the Act, issued an order to dispose of the said waste left alone to the Plaintiff until February 20, 2015, pursuant to Article 40(4)1 of the Act. (ii) The Plaintiff completed all of the waste disposal neglected by the Defendant through a waste disposal enterprise, such as future industrial development, and E&C, Inc., and E&C, etc., from December 24 to December 29, 2014, paid KRW 28,563,200 for disposal costs on January 12, 2015.

C. The Defendant from September 2014 to December 12, 2014, at KRW 5,181,720 of the Defendant’s contribution to offset against the remaining claims for refund of contributions.

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