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(영문) 대구지방법원 2019.05.30 2018가합205982
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 9, 1994, the Defendants established a private child-care center under the trade name “E” in Busan Metropolitan City D, and Defendant C jointly operated it as the head of the facility, and Defendant B as the head of the office.

B. On March 1, 200, Defendant C entered into an agreement with G University Infant Care Education Center (hereinafter “instant Education Center”) which is an educational and training facility established to train infant care teachers at G University’s educational foundation F (hereinafter “F”), and concluded that the said “E” is entrusted to operate the said childcare facility, which is the basic facility of the instant Education Center, as a childcare facility.

(hereinafter referred to as the “instant entrusted operation agreement,” and the above child-care center is referred to as the “instant child-care center”). The main contents of the instant entrusted operation agreement are as follows.

The Education Center of this case (hereinafter referred to as the "A") and E (hereinafter referred to as the "B") agree with respect to the entrustment of facilities and enter into a contract therefor as follows:

Article 1 (Entrusted Facilities) "A" shall entrust the following facilities to "B":

1. Name: H;

2. Location: Article 2 (Period of Entrustment) of the D in Busan Metropolitan City.

1. The period of entrustment shall be from March 1, 200 to the period during which the Education Center in this case is operated.

2. The head of a facility may be changed during the period of entrustment;

Article 3 (Contents of Entrustment)

1. The term of entrustment shall be “H” during the period of entrustment.

2. Overall operation of child care centers;

3. “B” shall provide “A” education center students for infant care teachers.

4. “A” shall give priority to providing teaching materials and teaching tools made by “A” and shall give advice necessary for special lectures or operation if “B” desires.

C. On August 21, 201, the Plaintiff and the Defendants, on August 21, 201, shall transfer all of the instant child-care center buildings and the instant child-care center facilities located on the land, 1.45 billion won in price, and the down payment is KRW 150 million,00,000,000.

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