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(영문) 광주지방법원 2015.09.24 2015가단20112
소각처리비 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2014, the Plaintiff entered into a contract between the Defendant and the Docco industry (hereinafter “instant contract”) and the Defendant’s place of business, under which the Plaintiff transported 2,000 tons of other incombustible wastes loaded in the Defendant’s place of business (hereinafter “waste”) to the Docco industry (hereinafter “waste”), which is the Defendant’s place of business, to the Docco industry corporation, and the Docco corporation, the Docco corporation (hereinafter “the instant contract”). The said three parties signed or affixed their seals on the contract.

The details of the above contract are as follows.

- - Dr. - D. - D. - D. 10,000 tons of e.g. 2,000 tons of e.g., landfill industry (ju) and/or K.m. Do Do Do Do Do Do Do Do Do Do Do - Do Do Do Do Do Do - Do Do Do Do Do Do - Do Do Do Do - Do Do 1,00,000 Do Do 1,000,000,00

B. From August 18, 2014 to August 29, 2014, the Plaintiff transported the wastes of 409,020 km to Korea Macro Industry Co., Ltd., to the business place of Korea Macro Industry.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s summary of the Plaintiff’s assertion was transported and disposed of by the Defendant’s waste 409,020 km from August 18, 2014 to August 29, 2014 under the instant contract. As such, the Defendant is obligated to pay the Plaintiff KRW 35,93,760, total sum of the cost of transport and disposal of wastes, including value-added tax.

B. According to the judgment below, the plaintiff can only claim the defendant for the cost of transporting wastes, and the party to the waste disposal as the party to the waste disposal is not qualified as the plaintiff as the party to the claim for the cost of disposal, as the party to the lawsuit against the defendant as the Maercco Industry Corporation

Therefore, the plaintiff's assertion is based on different premise.

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