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(영문) 수원지방법원 2020.12.16 2020가합16191
구상금
Text

The Defendants jointly and severally agreed with the Plaintiff KRW 712,725,00, and 6% per annum from July 23, 2019 to October 11, 2019.

Reasons

Basic Facts

[Ground for Recognition: Unsatisfy, Gap evidence 3, 4, 5 (including each number; hereinafter the same shall apply)

(1) A construction waste disposal business entity may establish a mutual aid association in order to guarantee the disposal of abandoned waste and promote autonomous economic activities by promoting mutual cooperation among its members, and provide various kinds of guarantees and loans, etc. necessary for construction waste disposal business.

It is a mutual aid association established under this chapter.

(1) A construction waste disposal business entity shall take any of the following measures, as prescribed by Presidential Decree, before carrying in construction waste after obtaining approval pursuant to Article 13-2 (2) and before filing a report to start the use of the waste pursuant to Article 28, after obtaining permission pursuant to Article 21 (3), from the Plaintiff and construction waste disposal business entity:

1. The mutual aid association entered into an agreement to guarantee the performance of the disposal of abandoned waste according to the payment of contributions (hereinafter “instant agreement”) and paid the contributions, but the Defendant Company agreed to assume all responsibility when abandoned waste occurs, and the remainder of the Defendants jointly and severally guaranteed all obligations to be borne by the Defendant Company pursuant to the instant agreement.

However, on October 23, 2017 after revoking the Defendant Company’s license for the interim construction waste disposal business on June 9, 2017. Article 46(1)1 and Article 46 of the Construction Waste Management Act (measures, etc. against the subject of performance guarantee for the disposal of abandoned wastes) (1) A Mayor/Do Governor shall comply with Article 43(1) or 45(1).

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