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(영문) 대구고등법원 2014.11.27 2014나21312
계약무효확인
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. 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 the permission for the waste collection and transportation business using the domestic wastes as the wastes subject to the business from the Defendant Seocho-si, and thereafter, obtained the permission for modification by increasing three pressure-based strings around April 8, 2013.

The plaintiffs' waste collection and transportation business license is written with two vehicles for smuggling-type transportation (E, F), one vehicle for smuggling-type transportation in 4.95 cubic meters, two vehicles for tight-type transportation in 5.2 cubic meters, two vehicles for transporting one ton (H, I), three vehicles for pressure-type transportation (J, K, and L), three vehicles for pressure-type transportation (J, K, and L).

B. On March 1, 2013, Defendant C has completed business registration with a trade name, and on March 11, 2013, Defendant C obtained a license for waste collection and transportation business with domestic waste as a business-related waste from Defendant literature-si.

The permit for waste collection and transportation business by Defendant C is written with two Jumump dump (N,O, hereinafter referred to as “instant vehicle”) and one motor vehicle with a voltage dump (P).

C. Domestic wastes are classified into general domestic wastes and food wastes. The defendant Seo-si entrusted the disposal of food wastes among the domestic wastes within the jurisdiction to the plaintiffs and other companies since 2005, and the general domestic wastes were collected and transported directly.

The defendant Dong-si decided to entrust the collection of general domestic wastes in Q and R areas within his jurisdiction to a private enterprise pursuant to Article 14(2) of the Wastes Control Act, and on March 20, 2013, the public notice of recruitment of a commissioning enterprise was issued (hereinafter "public notice of recruitment of this case").

The main contents of the public announcement of the above recruitment by the defendant Ho-si are as follows.

- Main contents of notice of recruitment - Details of entrusted affairs - Entrusted affairs: Entrusted services for the collection of household wastes at the time of door warning - Entrusted areas: Q and R areas at door warning : Entrusted period: 2 years (from May 1, 2013 to April 30, 2015): Domestic wastes collection and transportation business under Article 25 of the Wastes Control Act as of the date of receipt of qualification for participation.

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