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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant disposition
A. On January 14, 2008, the Plaintiff et al. is a corporation that runs a general waste recycling business with a license for a general waste recycling business granted by the Defendant on September 14, 2010 and with a license for a change in the content of waste disposal for food waste and plant residues, and B agricultural partnership (hereinafter “B”) is a corporation that runs a general waste recycling business with a license for a general waste recycling business granted on July 14, 1998 with a license for a general waste recycling business granted from the Defendant on October 11, 2007.
B. On November 24, 2014, the Defendant: (a) conducted guidance and inspection with respect to the Plaintiff and B (hereinafter “instant guidance and inspection”); and (b) determined that the goods, which flow out of the water from the water from the water from the field (hereinafter “the water from the instant site”) on the ground of Yong-nam Cancer C (hereinafter “instant land”) were the wastes produced by the Plaintiff.
C. On January 26, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that “the Defendant: (a) contaminated the surrounding environment by emitting the water from the instant campings into neighboring waterways; and (b) violated Article 13(1) of the former Wastes Control Act (amended by Act No. 13038, Jan. 20, 2015; hereinafter the same)” and Article 7(1)2 of the Enforcement Decree of the Wastes Control Act; (b) Article 27(2) of the former Wastes Control Act; (c) Article 83(1) [Attachment 21] of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of Ministry of Environment No. 637, Jan. 21, 2016; hereinafter the same) pursuant to Article 83(1) [Attachment 21] subparag. 2(a)4(b) of the former Enforcement Rule of the Wastes Control Act (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4 through 6, 11, and 13, and the purport of the whole pleadings.