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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of interim construction waste disposal business, etc., and the Defendant is a regional housing association established pursuant to the Housing Act for the construction project of the Daegu Suwon-gu C Multi-Family Housing.
B. On January 22, 2016, the Plaintiff and the Defendant concluded a contract for removal and waste disposal services (hereinafter “instant service contract”) with the following terms and conditions.
1. Name of the project: Removal works and waste disposal from among the projects of B housing association;
2. Location of the project: One Daegu Suwon-gu C.
3. Area of the project site: 11,000 square meters;
4. Details of projects: Removal works and waste disposal services within an area approved by the head of the competent local government;
5. Contract amount: 437,851,000 won (excluding value-added tax);
6. Period of construction: From January 22, 2016;
8. Added documents:
(a) The unit price list and source of waste treatment;
(b) One copy of the terms of construction contract;
(c) Article 5 (Scope of, and Matters to be Borne by, the Contract for Construction Works) (1) of the terms and conditions of the contract for construction works on the present state of the project site. The amount of asbestos dismantling and removal, asbestos waste disposal, construction waste collection and transportation, and disposal shall be settled in accordance
(2) The method of settlement of a rain gauge shall be calculated by measuring the height and area actually and calculated and processed.
(3) The disposal of asbestos dismantling or asbestos wastes shall be performed by adjusting the quantity of asbestos inspected in accordance with the agreed unit price chart, and the expenses for asbestos dismantling or inspection and the amount of asbestos supervision shall be borne by the defendant.
(4) When neglected wastes and structures buried underground in a project site occur, the expenses for removal and disposal of wastes shall be calculated separately for settlement.
(5) The quantity of each construction waste disposal by weight shall be reported on estimated quantity per ton under the Wastes Control Act to the competent viewing in accordance with the Wastes Control Act, and shall be settled and confirmed after the disposal of wastes.
(6) The method of classifying wastes into the nature of disposal and recycling of construction wastes (Ordinance of the Ministry of Environment No. 552, August 10, 2015), shall be as follows: