(영문) 서울중앙지방법원 2018.11.16 2018가단5009060

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(영문) 서울중앙지방법원 2018.11.16 2018가단5009060

채무부존재확인 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 14, 2017, the Plaintiff entered into a contract for the entrustment of food waste treatment (hereinafter “instant contract”) with the Army C unit affiliated with the Defendant, setting the contract amount of KRW 117,44,70, and the service period from March 1, 2017 to December 31, 2017, as the contract deposit of KRW 17,616,715, in order to operate the food waste treatment business entrusted with the Defendant’s food waste treatment business (hereinafter “instant contract”), and the main contents of the contract special terms are as follows.

Article 2 (Indication of Contracting Parties) The indication of contracting parties to be used in this Special Conditions shall be as follows:

1. A unit C is “user”

2. The other party to the contract shall be referred to as "supplier";

Article 3 Period and Units subject to Collection of Food Waste

1. The period of removal and disposal of food waste of this bid amount (139,463,520 won) shall be from March 1 (or the date of the contract) to December 31, 17, and the amount collected from the superior agency of the consumer after the termination of the contract to the date of conclusion of the re-contract shall be paid separately under the same conditions.

2. The unit subject to the collection of food waste (referring to 17 places in a D area/E area 16 places) and the estimated quantity of food waste shall be executed pursuant to Article 5 after notification to the unit subject to the collection of food waste (referring to 1,328,224 liters in total 17 places in a D area = 952,240 liters in total 16 places in a D area) E area, 375,984 in total, and detailed details of 16 places in a D area] exceeding the estimated amount of generation:

A unit that is dismantled by the reorganization of a military unit shall be excluded from the contract immediately after dissolution.

Article 5 (Payment of Price)

1. The supplier shall claim the price to the customer on a monthly basis.

The disposal amount shall be the unit price (cost/liter) with the estimated amount of supply compared to the successful bid price, and the monthly execution amount during the contract period shall not exceed 1/10 of the contract price (for example, the maximum monthly payment amount shall be 10 won if the contract price is 100 won).

A consumer shall pay the maximum amount of money that is payable in excess of the estimated amount of generation to the supplier.

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