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(영문) 서울남부지방법원 2016.01.14 2015가합1346
손해배상(기)
Text

1. The Defendant’s KRW 128,117,139 among the Plaintiff and KRW 121,206,415 among them, shall be KRW 6,910,724 from March 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into the instant agreement, as an incorporated association established for the purpose of holding projects related to culture and arts of persons with disabilities, entrusted the Defendant with B (Seoul Dong-gu c and 502) designated as facilities for producing products manufactured by persons with severe disabilities affiliated with the Plaintiff Association.

On December 8, 2011, with respect to the Plaintiff’s publishing and printing planning (design, etc.), the Plaintiff and the Defendant entered into an agreement with the Defendant, which operates the Plaintiff’s B as the head of headquarters from December 10, 201 to December 9, 2014 (hereinafter “instant agreement”), and the provisions on the Plaintiff and the Defendant’s obligations are as follows.

Article 6 (Obligation of the Plaintiff) (1) The Plaintiff shall cooperate in all the procedures (registration, etc. of items of business) necessary for the smooth promotion of the business.

Article 7 (Obligation of Defendant) (4) In the event of an incident or accident occurred while carrying out the business, the Defendant shall be liable for all civil and criminal charges, and the court having jurisdiction over the location of the Plaintiff shall bring a lawsuit concerning

(5) Where a plaintiff has received a claim for damages or a claim similar thereto from a third party in connection with the implementation of this project, the defendant shall compensate for damages without fail.

Around November 2011, the Defendant submitted to the Plaintiff a letter stating that “The Plaintiff shall faithfully perform its duties as the head of the headquarters for the printing and publishing of the Plaintiff, shall promise to pay taxes, public charges, financial transactions, etc. incurred while in office, and shall be held liable for all civil and criminal responsibilities for the sector due to delinquency and arrears.”

B. The Defendant’s unfair application for and receipt of the employment subsidy for disabled persons has received the subsidy from the Korea Employment Agency for Disabled Persons while employing disabled persons and operating various kinds of businesses of the Plaintiff.

The defendant shall arrange the employment status of disabled persons B, monthly working hours, duties, etc., and shall make a statement of benefits.

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