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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The defendant is a person engaged in the domestic waste collection and transportation business under the trade name of "G".
The plaintiffs are the workers employed by the defendant, the plaintiffs A, and C are drivers, and the plaintiffs B, D, and E are US dollars members.
B. On December 16, 2014, the Defendant concluded an agency contract for the collection and transportation of living and food wastes (hereinafter “instant agency contract”) with the Defendant, respectively, on December 21, 2016, and on December 21, 2016, the “agency contract for the collection and transportation of domestic wastes” (hereinafter “instant agency contract”).
The important parts of the instant contract for vicarious execution are as follows.
The first agency contract of this case shall be entrusted with the collection and transportation of living and food wastes between the Mayor of the Incheon Metropolitan City (A) and the defendant (A), and the contract shall be concluded as follows:
Article 3 (Period of Agency Contract) The period of agency contract for collection and transportation shall be household wastes (from January 1, 2015 to December 31, 2016) and food wastes (from January 1, 2015 to December 31, 2016).
Article 4 (Payment of Agency Fees) The unit cost of transportation shall be 83,160 won per ton for domestic wastes and 74,940 won per ton for food wastes.
The adjustment of the contract price due to price increase, etc. shall adjust the agency fees in accordance with the Act on Contracts to Which a local government is a Party and the general conditions of the service contract
Provided, That when the contract amount is adjusted or a new contract is concluded, the agency fee shall be calculated by entrusting it to an institution specialized in cost calculation in accordance with the Guidelines for the Performance of Domestic Waste Collection and Transportation Services.
Article 12 (Termination of Agency Contract) In any of the following cases, A may terminate the contract, and B shall not claim damages against A:
2. In case where a person fails to comply with or violates an order to take administrative instructions or to take measures against Gap, the 2nd agency contract in this case shall be entrusted with the collection and transportation of living and food wastes between the defendant and the Mayor A, and the agency contract shall be concluded as follows: