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(영문) 서울중앙지방법원 2015.12.03 2014가단224767
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was entrusted with the operation of the “D Child Care Center” (hereinafter “Child Care Center”) which is a workplace childcare facility under the Defendant C located within the city of Jungsan, and the Defendant is a country that entered into the said entrustment contract with the Plaintiff through the head of the E-General, the competent authority.

B. Of the “Agreement on the Entrusted Operation of C Infant Care Facilities” prepared by the Plaintiff and the Defendant on August 19, 2013 (hereinafter “Agreement on Entrusted Operation of C Infant Care Facilities”), the parts related to the instant issues are as follows:

For the efficient operation of the child care center of this case established under Article 14 of the Infant Care Act and Article 20 of the Enforcement Decree of the same Act, C (hereinafter referred to as the "consumer") shall enter into an agreement with the director of the child care center (the plaintiff and the supplier) as follows:

Article 3 (Period of Entrustment) (1) The period of entrustment shall be from October 21, 2013 to October 20, 2016.

Article 5 (Methods of Operation and Details of Infant Care) (1) Suppliers shall faithfully perform the operation of child care centers in accordance with the relevant Acts and subordinate statutes, such as the Infant Care Act, guidelines for infant care projects by the Ministry of Health and Welfare, and established rules for

(5) Where consumers and suppliers deem that any problem arises in the operating methods and operating details, they shall consult with the operating committee prescribed by the established rules for the operation of child-care centers.

Article 8 (Appointment and Dismissal of Employees) (1) Child care teachers of child care centers, and other employees shall appoint persons who meet the qualifications under the Infant Care Act and related provisions.

(2) Employees of child care centers shall be appointed or dismissed by suppliers, and they shall notify consumers of such appointment or dismissal after obtaining prior consent from consumers.

Article 12 (Management of Facilities) (1) A supplier of facilities shall manage all facilities and other property with due care as a good manager during the period of entrusted operation.

(3) A supplier shall use the facilities for any purpose other than the intended purpose or transfer or lend the rights to the entrusted project without approval from consumers.

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