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(영문) 부산고등법원(창원) 2014.07.10 2013누836
생활폐기물 수집운반 및 가로청소 대행용역비 반납처분취소
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1. The plaintiffs' appeal against the defendant Jinju market is dismissed.

2. The plaintiffs' correction and correction of the defendant at the trial.

Reasons

1. Facts of recognition;

A. On February 1, 201, the Plaintiffs, who obtained a license for waste management business, concluded a contract under which the Plaintiffs received a contract from the Jinju City Mayor to perform the duties of collecting and transporting food waste, street cleaning, and collecting recyclable products generated from the Defendant Jinju City (hereinafter “each initial contract of this case”) as indicated in the attached Form 2 “Terms of Agency Contract”.

The plaintiffs provided services under each of the initial contracts of this case to the defendant Jin-si, and the defendant Jin-si paid the full amount of agency fees under each of the initial contracts of this case to the plaintiffs.

B. On November 30, 201, the Plaintiffs entered into a modified contract (hereinafter “instant modified contract”) with Defendant Jin-si on the following terms: (a) each of the instant initial contracts, as indicated in attached Table 3, with the term of contract and the contract amount to be modified (the total contract amount is stated in the contract) and adding part of the agency fees incurred during the said period to the provisions (hereinafter “instant contract”) as follows; and (b) each of the instant modified contracts with Defendant Jin-si may settle the depreciation costs, insurance premiums, vehicle inspection costs, and taxes and public charges against the Plaintiffs pursuant to Article 89 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party; and (c) each of the instant modified contracts shall be settled with the total amount of services for each of the items:

(2) The settlement may be conducted through a services institution specializing in the review of the prime cost, and the Plaintiffs shall cooperate with such institution, including submission of documents necessary for the settlement.

The agency fee set forth in the modified contract was fully paid.

C. On February 2, 2012, Defendant Jin-si requested a settlement inspection of accounts to the Gangnam Business Economy Institute, an incorporated association, pursuant to the instant settlement provisions, and settled agency fees according to the said inspection.

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