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(영문) 대구지방법원 2016.02.03 2014가합8756
손해배상(기)
Text

1. The Defendant: KRW 44,681,33 of the Plaintiff and KRW 5% per annum from October 1, 2014 to February 3, 2016; and

Reasons

1. Basic facts

A. The Plaintiff Company is a company established for the purpose of group meal service consignment management and restaurant stores, and the Defendant Union is a cooperative established by 19 companies for the purpose of developing the gold collection complex and promoting the welfare of its members.

B. Around August 2013, the Plaintiff Company entered into an agreement on the consignment operation of the restaurant with the content that the Defendant Company entrusted the operation of the employee restaurant on the first floor of the goods manufacturing factory B on the ground of the Gu and America.

C. The part related to the issue of the instant case in the “Agreement on the Entrusted Operation of Employee cafeteria” (No. 1-2) drafted at the time of the conclusion of the said agreement is as follows.

Article 1 (Subject Matter of Contract) The subject matter of this Agreement shall be the exclusive restaurant for employees of the Gyeong-si, Gyeong-si, the seat of the defendant's association.

Article 3 (Basic Principles) The plaintiff company shall comply with the following basic principles in operating a restaurant operated by the defendant association:

1. The plaintiff company of the level of meal service should be at the level of promoting the improvement of the welfare of its employees while operating the restaurant of the defendant association in compliance with the amount of adult nutrition rights of Korea.

5. The defendant union shall notify the plaintiff company one day prior to the change in the number of school meals so that food can be supplied smoothly.

Article 4 (Unit Cost for Meal Services)

1. One meal unit price for meal services shall be 3,300 won (excluding value-added tax);

Plaintiff

For the smooth operation of a restaurant by a company, it shall be 10,000 in monthly average (mandatory).

Article 6 (Duties of Plaintiff Company)

2. The food materials related to the purchased meal service shall be purchased at the expense of the Plaintiff Company.

3. The Plaintiff Company shall be responsible for all personnel and labor-management issues for meal services, and shall be employed at the expense of the Plaintiff Company and educate the Plaintiff Company.

6. In order to improve the quality level of meal service for employees, the Defendant Union may request the Plaintiff Company to improve meal conditions, and the Plaintiff Company shall collect public opinion for that purpose.

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