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(영문) 서울남부지방법원 2015.05.01 2014나54477
재활용수거계약 무효확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court concerning this part of the basic facts is the same as that of Paragraph 1, among the reasons for the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act

2. In the process of concluding the instant contract for the collection of recyclables asserted by the Plaintiff, there are only E among the four enterprises participating in the tender, and thus, Defendant B concluded the instant contract for the collection of recyclables with E without going through such procedures, even though it was required to select a recycling agent by retendering according to the Ministry of Land, Transport and Maritime Affairs’s notification.

In addition, according to the current guidelines for the selection of housing management operators and business operators (Public Notice of the Ministry of Land, Infrastructure and Transport No. 2013-56), in the case of a contract with at least two million won, open bidding is required. However, in the process of entering into a contract for collecting recyclables of this case, Defendant B and Women's President were involved in the process of entering into a contract for collecting recyclables of this case,

As such, the Defendants committed a tort in the course of concluding the instant contract for the collection of recyclables, and thereby, the council of occupants’ representatives of the instant apartment complex concluded a contract for the collection of recyclables with E, thereby obtaining KRW 1,500 per month from E to October 2013, and KRW 1,600 per household from November 2013 to October 2013.

However, if a normal bidding was conducted, the council of occupants' representatives of the apartment of this case could have received KRW 2,00 per household. Accordingly, the Defendants suffered damages by the total amount of KRW 8,400 [2,00 won - 1,500) x 12 months (2,00 won - 1,600 won) x 6 months from November 201 to October 2013 x 2013 x 6 months from April 2014].

Therefore, the defendants are liable to compensate the plaintiff for damages of 8,400 won as joint tortfeasor.

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