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(영문) 인천지방법원부천지원 2016.05.17 2015가단15155

계약금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant’s operation of the childcare center of this case 1) C apartment council of occupants’ representatives around 2014 (hereinafter “E childcare center of this case”) located in the apartment complex located in Gangseo-gu Seoul Metropolitan Government (hereinafter “E childcare center of this case”).

(2) On July 15, 2014, C&C participated in the above tendering procedure on behalf of the Defendant, and the Defendant paid a fixed fee to C&C in relation to C&C on behalf of the Defendant, and if the contract is concluded between C&C and the council of occupants’ representatives, the Defendant entered the “nb business agency contract for day care facilities” with the name of the director of the childcare center, which is the requirements for the director of the childcare center determined by the Infant Care Act, and was not equipped with the career of working for a period of time. However, on June 2014, C&C participated in the presentation for start-up of the childcare center held on behalf of the Defendant.

3) Accordingly, between F and F, the Defendant: (a) around August 2014; (b) between F and F, the Defendant lent the name of the head of the instant childcare center to be operated by the Defendant; (c) the Defendant paid F a prescribed fee to F; and (d) concluded an “labor contract” with the purport that the term of the contract is three years from the date of authorization for the childcare center; and (c) on August 26, 2014 between C&C and F, the operator of the instant childcare center was F and the deposit amount of KRW 50 million; and (d) 5% (from November 1, 2014, from September 1, 2014, until October 31, 2014) of the deposit amount of KRW 1,800,000 for the rent of childcare; and (e) concluded a “nursing facility” with the term of the lease contract concluded from September 31, 2014 to August 31, 2017.

After September 24, 2014, the head of Gangseo-gu District Office authorized child care centers under the Infant Care Act with respect to the child care centers in this case.

On January 8, 2015, the head of a child-care center was changed from F to I.

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