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1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. Relevant Defendant is a mutual aid association established to guarantee the disposal of neglected waste pursuant to Article 47 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), and provide various kinds of guarantees, loans, etc. necessary for construction waste disposal business. The Plaintiff is a company that is a member of the Defendant and carries on waste disposal business with permission for construction waste collection, transportation, and interim disposal business.
B. On April 13, 2002, the Defendant entered into an agreement to guarantee performance between the Plaintiff and the Defendant to pay a contribution and join the Defendant’s membership. If the Plaintiff fails to comply with an order issued by the Mayor/Do governor for the disposal of abandoned wastes, the Defendant, instead of treating it, and concluded an agreement to guarantee performance with the Plaintiff regarding the portion exceeding the above contribution out of the disposal costs.
C. The Defendant’s demand for correction against the Plaintiff 1) confirmed on November 28, 2012, the Defendant’s head of Gyeonggi-nam Branch, the head of Gyeonggi-dong Branch, the head of Gangwon-do Branch, and the managing director, visiting the Plaintiff’s place of business, that the ratio of inflammable wastes out of mixed wastes accumulated at the Plaintiff’s place of business constituted approximately 60%. The Defendant, when converting it into weight, is 6,730 tons of the total permissible storage volume to approximately 29.2% of the total permissible storage volume, and the standards for storage prescribed in Article 8(1)3 of the Regulations on the Prevention and Disposal of Abandoned Wastes that apply to the Defendant’s members (hereinafter “instant storage standards”).
(2) On May 16, 2013, the Defendant notified the Plaintiff that the quantity of inflammable waste exceeds the storage standard of this case, as in the foregoing paragraph 1, it should be immediately treated or disposed of.
The defendant's resolution of expulsion against the plaintiff and the notified defendant on July 4, 2013.