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(영문) 수원지방법원 2020.05.28 2018가단536961
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted company”) is a company that obtained permission for a comprehensive waste recycling business from Defendant Namyang-si on July 28, 2006 (waste: waste subject to business) and is an association established for the purpose of mutual aid business for the disposal of abandoned waste by its members.

B. On July 25, 2006, the Plaintiff entered into a lease agreement with D and the non-party company as the sub-lessee, and provided the non-party company with KRW 210,000,000 as the lease deposit.

C. On October 30, 2014, October 30, 2016, the non-party company and the Defendant Mutual Aid Association concluded a mutual aid agreement for performance guarantee for disposal of abandoned waste, which stipulated from October 30, 2014 to December 31, 2016, and from January 1, 2017 to December 31, 2019.

(hereinafter “instant mutual aid contract”). D.

Upon receipt of a civil petition that caused damage to wastes left alone at the non-party company's place of business, on December 27, 2016, the Defendant confirmed the fact that the non-party company's operation was suspended due to the non-party company's business trip at the non-party company's place of business, and confirmed the fact that approximately 400 tons of wastes, such as waste synthetic resin, waste home appliances, etc., were abandoned (hereinafter "the instant abandoned wastes"), and on the same day, ordered the non-party company to dispose of the abandoned wastes as prescribed in Article 40 (2) of the Wastes Control Act from December 27, 2016 to December 29, 2016.

E. On December 27, 2016, the Defendant Union notified the non-party company that the renewed mutual aid agreement (from January 1, 2017 to December 31, 2019) should be invalidated in accordance with Article 11 of the Articles of association of the Defendant Union and Articles 12, 13, and 23 of the Mutual Aid Regulations, and the non-party company’s mutual aid agreement should be terminated as of December 31, 2016.

F. As the non-party company failed to comply with the above order to dispose of the abandoned waste, on December 30, 2016, the Defendant Namyang-si issued an order to the Defendant Association to set the processing period from January 2, 2017 to February 28, 2017 pursuant to Article 40(4)1 of the Wastes Control Act.

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