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(영문) 서울중앙지방법원 2017.12.08 2015가합508056
방치폐기물처리비용
Text

1. The Defendants jointly share KRW 680,878,407 with the Plaintiff, and Defendant A, C, and D with respect thereto on December 9, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff (formerly: Construction Waste Mutual Aid Association) is the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”).

(2) The Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company established on December 8, 1998 for the purpose of waste collection, transportation, disposal, etc., of its members under Article 47.

3) From August 23, 2005 to July 1, 2009, Defendant C served as the representative director of Defendant A. From July 1, 2009 to February 16, 2012, Defendant C is the actual operator of Defendant C as the husband of the Plaintiff. The Defendant D is the actual operator of Defendant C. B. The Plaintiff’s husband. B. On December 18, 2006, the Plaintiff applied for a mutual aid association of construction waste disposal business operators and “where Defendant A subscribed as a member of the Plaintiff after paying the share of expenses, the Plaintiff shall dispose of the waste in lieu of the order issued by the Mayor/Do governor, and claim compensation expenses for the performance bond against Defendant A, the representative director of the Plaintiff. The agreement on performance guarantee (hereinafter “the agreement on performance guarantee”) was submitted as a joint and several surety.

2. The main contents of the first performance guarantee agreement shall be as follows:

Article 42 subparagraph 1 of the Construction Waste Management Act shall be approved when paying to the plaintiff the contributions to guarantee the disposal of abandoned waste, which have been made for the smooth and fair disposal of the affairs based on the mutual trust of the defendant A and joint guarantor, and the following matters:

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