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(영문) 부산지방법원 2020.05.08 2019구합22133
사회복지관 위탁 약정해지 처분 취소
Text

1. On May 28, 2019, the Defendant’s revocation of the termination of the B/L consignment agreement with the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties, or evidence of No. 1 to No. 10, evidence No. 1 to No. 10, evidence No. 1 to No. 10, and evidence No. 1 to No. 10, and evidence No. C, D, and E's testimony as a whole:

The defendant is a local government holding the B Welfare Center (hereinafter referred to as the “Welfare Center”) which is a social welfare facility, and the plaintiff is a non-profit foundation for the purpose of domestic and overseas medical support, etc. of the area lacking medical services.

B. The process of concluding the entrusted operation contract with respect to the instant welfare center (1) was publicly announced that the Defendant recruited a corporation to be entrusted with the instant welfare center around August 27, 2018, as the contract term of the previous entrusted contract with respect to the instant welfare center expired.

(2) On September 2018, the Plaintiff filed an application for entrustment with the Defendant, and submitted a plan to operate a welfare center with C, who was in office as the director of the instant welfare center, and was selected as an entrusted organization from the Defendant on November 5, 2018 following the deliberation procedure of the Deliberation Committee on the Selection of Trustees.

(3) On November 19, 2018, the Plaintiff entered into an entrusted operation agreement with the Defendant with respect to the instant welfare center (hereinafter “instant entrusted operation agreement”) during the period of the entrusted operation with respect to the instant welfare center from January 1, 2019 to December 31, 2023.

The main part related to this case in the entrusted operation agreement of this case is as follows.

Article 16 (Termination of Agreements) (1) The defendant may terminate the entrustment when any of the following grounds arises:

1. Where required for a public project or public project;

2. In the event that an agreement is terminated pursuant to the provisions of paragraph (1), the fact of termination shall be notified in writing to the Plaintiff three months prior to the termination of the agreement. The Plaintiff is liable for damages due to the termination of the agreement.

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