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(영문) 창원지방법원 2015.10.28 2013가단81982
손해배상(기)
Text

1. Defendant C’s incorporated association: (a) KRW 22,489,574; and (b) KRW 22,643,213 to Plaintiff B; and (c) KRW 22,643,213 to the said money.

Reasons

1. Facts of recognition;

A. Defendant D’s status 1) is a local government that, since around 2005, performed the business of E (hereinafter “E”) for the purpose of providing the helper services, such as outing, operating, housework, and nursing, to the severely disabled persons who have difficulty in social activities, and Defendant C’s incorporated association (hereinafter “Defendant corporation”).

(2) Around May 2005, the Plaintiffs concluded the “Convention on the Operation of the E” with Defendant D and operated E from that time to June 30, 201. (2) The Plaintiffs are the Dominants affiliated with F Organizations.

B. E’s contents 1) The users of E are the disabled and guardians of Class 1, 2, 3 intellectually disabled persons, i.e.,utistically disabled persons, and guardians residing in the Do, and the user’s use and provision procedures of E are first for the user to request the Domini service to provide the Domini service to the user by dispatching the Domini to the user at a given date and time, and the Domini may claim activity expenses by submitting the record sheet with the place of activity and the user’s signature and seal affixed to E. The E operational rules prepared by the Defendant D (hereinafter “instant operational regulations”).

The purpose of this case is to prescribe the following matters concerning the operation of Article 1 (Purpose). The definitions of terms used in the provisions of this Article are as follows: <1> A person who provides learning activities after registering in E and completing the prescribed education.2) A user means a person with disabilities and family members (including guardians) using E. (2) a user means a service that requires a user. <3) The types of assistive activities are classified as activity assistance for persons with disabilities, education assistance, family support, nursing support, entrusted protection support, and out-of-the-spot support by guardians of persons with disabilities.

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