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(영문) 부산지방법원 2020.05.08 2019구합24030
기타부담금부과처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is a corporation that runs the waste collection and transportation business, etc., and Plaintiff B is a corporation that runs the business of collecting and transporting household wastes.

B. On June 2013, the Plaintiffs entered into an entrustment contract with the public accounting official of the Gu, under which they are entrusted with the collection and transportation of household wastes discharged from the Busan Metropolitan Government Ddong and Edong, and each year from June 2018 to June 2018 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

(A) The “trustee” under the instant contract refers to the “trustee,” and the “trustee,” refers to the Plaintiffs. Article 1 (Entrusted Area) of the instant contract refers to the “trustee,” and Article 1 (Entrusted Area) of the “trustee,” bears all responsibility for, and collects and transports, household wastes generated within the following entrusted area under the conditions determined by the “Entrusted”.

The scope of entrustment of this contract under Article 2 (Scope of Entrustment) of multi-family housing in the general housing area entrusted with the name of business shall be as follows

1. General and food wastes in general housing areas, and collection and transportation of recyclables;

2.The "trustee" in Article 5 (Deposit for Contract) of the General Waste (including Food and Drug) and the Collection and Transport of Recycled Goods shall deposit the contract bond with the "Entrusted" in cash or with the certificate of guarantee insurance in order to faithfully implement this contract.

The contract deposit under Article 6 (Reversion of Contract Deposit) The contract deposit under Article 5 shall be reverted to the "trustee" if the contract is terminated by the "trustee" due to the cause attributable to the "trustee", such as the "trustee"'s failure to comply with the obligations of this contract.

Article 9 (Acting on Behalf of Entrusted Affairs) Where a "trustee" performs affairs concerning this contract in an unfaithful manner or causes a cause not to perform such affairs arises, the "trustee" may directly perform such affairs or have a third party perform such affairs on his/her behalf, and the expenses incurred thereby.

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