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(영문) 서울서부지방법원 2016.06.28 2015가단23355
재활용분담금 연체료
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Pursuant to Articles 16 and 27 of the Act on the Promotion of Saving and Recycling of Resources (hereinafter “recycling Promotion”), the Plaintiff is a recycling business mutual aid association established to vicariously perform the duty to recycle producers obligated to recycle waste minerals, etc., and the Defendants are those producers obligated to recycle waste minerals, etc. under Article 16 of the respective Recycling Promotion Act, who were the Plaintiff’s members, who were the recycling business mutual aid association, and had the Plaintiff, the recycling business mutual aid association, acting for the Defendants’ duty to recycle under Article 27 of the Recycling Promotion Act until 2014.

B. Article 16(2) of the Recycling Promotion Act provides that producers obligated to recycle bear contributions to jointly fulfill the obligation to recycle to the recycling business mutual aid association. The Plaintiff shall create and operate a recycling mutual aid project under Article 7 of the Articles of incorporation and Article 16 of the Act on the Promotion of Recycling, but the details of calculation standards and method of payment are separately determined by the Plaintiff.

Accordingly, according to Articles 9 and 9-3 of the Regulations on the Operation of Recycling Mutual Aid Associations established by the Plaintiff, recycling charges shall be based on the results of shipment and import by each member company of the previous year, and shall be calculated by multiplying the obligatory rate for the previous year by the obligatory rate, and shall be notified every quarter, and the due date for payment shall be the last day of March, the last day of June, the last day of September, and the last day of December, and the last day of December, respectively, and if the above payment deadline has been neglected for at least one month, 5/100 of the overdue charges shall be added.

C. However, during the year 2014, the Defendants delayed payment of the amount of money to be paid to the Plaintiff with the recycling charges indicated below, by paying it to the Plaintiff on the date indicated in the “payment Date” column of the same Table after the issuance of the tax invoice by the Plaintiff.

(The next day is the date of 2014, unless otherwise indicated).

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