1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From 2012 to 2015, the Plaintiff entered into the instant service contract with the Defendant on a one-year basis (hereinafter “instant service contract”). According to the instant service contract, the Defendant provided services to collect and transport household wastes, etc. discharged within the agency area during the contract period, and received monthly payments for collection and transportation agency fees agreed with the Plaintiff, and the monthly collection and transportation agency fees are also paid by multiplying the monthly collection amount by the amount per ton.

B. The determination of the contract price of each service contract of this case is based on the method of calculating the cost for the collection and transport agency of domestic wastes as publicly notified by the Minister of Environment pursuant to the relevant provisions and calculates the total amount of service costs by providing services to an external service agency in accordance with the calculation method of the cost for the agency contract for the collection and transport of domestic wastes, and presenting the total amount of service costs as the project budget for the public announcement

C. In addition, according to the instant service contract, the Defendant paid workers’ wages to its employees at the unit price applied in calculating the estimated price by multiplying the unit price by the successful bid price rate. In the event of nonperformance of the above payment obligation, the Plaintiff may pay the workers’ direct labor cost, and the contract concluded with the Defendant may be terminated and rescinded.

(Article 13.(A) / [Ground for Recognition] The fact that there is no dispute, each of Gap evidence Nos. 1 and 2, Gap evidence No. 3-1, 2, Gap evidence No. 4-1 through 4, and the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. Notwithstanding the aforementioned agreement stipulated in the instant service agreement, the Plaintiff shall pay wages to workers at a price higher than that calculated by multiplying the unit price of wages applied when calculating the estimated price by the successful bid rate.