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(영문) 대전지방법원 2016.05.19 2015구합2088
위탁운영계약해지무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2013, the Defendant entered into an agreement with the D University operated by the Plaintiff on the entrustment of the operation of the C Child Care Center in E (hereinafter “instant Child Care Center”) with the D University from December 2, 2013 to December 31, 2016 (hereinafter “instant agreement”).

In principle, a public official who works in Article 4 (Persons Eligible for Infant Care) B and an in-house contracting employee who cares for pre-school infants from 0 years of age to 10.

Article 5 (Operational Method and Infant Care Contents) (1) B (referring to Duniversity; hereinafter the same shall apply) shall faithfully operate child-care centers (referring to child-care centers in this case; hereinafter the same shall apply) in accordance with relevant Acts and subordinate statutes, such as Infant Care Act, and infant-care business guidance provisions.

(2) B shall actively endeavor to provide infant care services with high-quality child care services.

Article 6 (Child Care Fees, etc.) (1) B shall collect infant care fees from guardians using child care facilities based on the government support group.

(2) Where expenses other than infant care fees are collected, Eul shall obtain approval from Gap (referring to the defendant; hereinafter the same shall apply).

Article 8 (Appointment and Dismissal of Employees) (1) Heads of child-care centers, infant-care teachers, and other employees shall appoint persons who meet the qualifications under the Infant Care Act and relevant regulations.

(2) Workers in child care centers shall be appointed and dismissed by Eul, and they shall be appointed by the head of a kindergarten with the approval of Gap, and infant care teachers and other workers shall be reported to Gap after appointment.

Article 9 (Scope and Bearing of Operating Expenses) (2) Operating expenses shall be covered by childcare fees paid by a child’s protector and subsidies provided by A.

Article 15 (Termination of Agreement) (1) A may terminate this Agreement when any of the following grounds arises:

In such cases, Eul shall not claim damages, etc. against Gap.

1. Where he/she has violated any of the obligations under the written agreement;

2. The legitimate direction and supervision of A;

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