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(영문) 서울고등법원 2016.10.27 2015나2048038
회수처리대금 지급청구
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. In the first instance court, the plaintiff filed a claim for the payment of the collection and disposal price and its delay damages pursuant to the recycling business entrustment agreement, insurance premium, discount interest and its delay damages, damages for non-performance of the obligation to pay the sale bond and its delay damages. The first instance court accepted part of the plaintiff's claim [with respect to the claim for payment of the collection and disposal price, the part of the principal and delay damages, insurance premium and discount interest, the total principal and partial delay damages for the claim for damages], and dismissed the remainder of the claim.

Accordingly, the plaintiff appealed only to the part of the claim for the payment of the amount of collection, among the part against the plaintiff in the judgment of the court of first instance, and the defendant appealed only to the part of the claim for the payment of the amount of collection, insurance premium, discount interest, etc. among the part against the defendant in the judgment of the court of first instance. As such, the subject of the judgment of this court is limited

2. The grounds for the court’s explanation concerning this case, such as the quoted of the judgment of the court of first instance, are as follows: (a) the relevant part of the judgment of the court of first instance is used as a whole; and (b) the Plaintiff’s assertion in this court is identical to the statement of the grounds for the claim for the payment of the amount of collection, insurance premium and discount interest (including the attached Form) in the judgment of the court of first instance, except for the addition of the judgment under

3. Parts to be dried;

A. The producer responsibility recycling system, along with the three pages 3 added the following: (3) On the other hand, an enterprise which manufactures and sells products using products or packing materials subject to mandatory recycling (hereinafter “producer obligated to recycle”).

(1) be made by the product.

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