(영문) 서울고등법원 2017.01.17 2015나19669

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(영문) 서울고등법원 2017.01.17 2015나19669

폐기물처리업허가명의변경절차이행 등

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1. The part concerning the conjunctive claim against the defendant in the judgment of the court of first instance shall be revoked.

2. The plaintiff's defendant.

Reasons

1. The plaintiff filed a lawsuit against the original defendant by combining the plaintiff's request for change of title with respect to permission for the main claimant's waste disposal business and the claim for cancellation of the conjunctive claimant's fraudulent act and restitution of the original claim. The court of first instance dismissed the main claim and rendered a judgment accepting the conjunctive claim.

In regard to this, only the defendant appealed, and the effect of this trial by filing a complaint is limited to the whole of this case and the main claim is also transferred to the appellate court. However, the scope of the trial of this court, which is the appellate court, is limited to the scope of the appeal filed by the defendant, i.e., the legitimacy of the judgment of the first instance that accepted the conjunctive claim (see, e.g., Supreme Court Decision 94Da31624, Feb. 10, 19

A. The Plaintiff is a corporation that operates a large quantity of industrial waste disposal business, etc., and the Defendant and B (G Co., Ltd.) are corporations that operate industrial waste collection and transportation business.

B. Around November 26, 2008, the Plaintiff entered into an entrustment contract with B on December 30, 2008, with the term of the contract fixed by December 30, 2008 (if there is no separate objection after the termination of the contract, the term of the contract will continue to be extended) and the Plaintiff would dispose of wastes in B’s workplace and receive the price from B, and thereafter, did not pay the price properly from B.

1. Waste 3,00 tons and 100,000 tons per ton, accumulated at the location B, shall be treated as machinery sales proceeds;

2. The remainder of the waste transport and disposal costs are KRW 85,00 per ton, and the waste disposal costs are first, the amount of KRW 90 million deposited in the Waste Financial Cooperative shall be entrusted and paid to the Plaintiff. B shall transfer to the Plaintiff all the relevant documents, documents, and their authority.

Second, approximately 2,300 tons ¡¿ 85,00 won = 195,550 million won minus deposit money of a mutual aid association.

참조판례

-대법원 1995. 2. 10. 선고 94다31624 판결

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