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(영문) 서울중앙지방법원 2018.01.25 2017가합560454
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a mutual aid association established for the purpose of the members’ guarantee business for the disposal of neglected waste, cooperative business for the prevention of the generation of neglected waste, etc. under Article 47 of the Construction Waste Recycling Promotion Act, and the Plaintiff is a company established for the purpose of the collection, transportation business, interim disposal

B. On July 28, 2015, the Defendant announced a public announcement of the tender on the disposal services of wastes left alone at B at the two weeks at the location of the place of business, and the Plaintiff participated in the said tender and was selected as the successful bidder.

Accordingly, on August 7, 2015, the Defendant entered into a contract with the Plaintiff to entrust the Plaintiff with the business of disposing of the neglected waste (hereinafter “instant service”).

The main contents of the instant contract are as follows.

An entrustment contract for collection, transportation, and disposal of neglected wastes;

1. Name of service: A (State) disposal services for neglected waste;

2. Discharge place: B in both weeks.

3. A place for transportation and disposal: At the time of liquidation of Yacheon-gun, 1/311 (States. S.) per annum.

4. Settlement conditions: Payment after checking the completion of disposal of neglected waste of both viewing.

5. The term of the consignment contract: The volume of consignment disposal from August 7, 2015 to September 6, 2015: approximately 3.8% of the mixture of inflammable waste (construction waste) of 49,602 tons;

7. Amount of services: 450,000,000 won.

8. Method of disposal: Article 2 (Contract Terms and Conditions) of the General Terms and Conditions of Contracts, including the method of lump sum processing (tonk), transportation, wheels, fraternitys, safety management, and other incidental expenses, and VAT (AT) ① The truster shall pay the service charges in return for the performance of the disposal quantity and service period as specified in the contract, and the truster may pay the advance payment (at least 10 per cent of the total contract amount) in consultation with the trustee.

(2) A truster and trustee shall conclude a service contract, even if the increase or decrease in the design quantity occurs or any change occurs in the nature of the design.

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