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(영문) 제주지방법원 2018.10.30 2017가단10779
반환금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Jeju Mayor shall conclude the entrusted operation contract, etc.) The C Child Care Center in Jeju-si B (hereinafter “instant Child Care Center”).

On November 1, 2005, the Ministry of Health and Welfare announced the recruitment of a person entrusted with the operation of a child care center (at the time, “facilities inside a child care facility, etc. are installed at the expense of the entrusted operator, and shall be donated” under the condition that the entrusted operator is selected.

(2) On December 13, 2005, the Jeju Infant Care Policy Committee selected the Plaintiff as an entrusted operator of the instant child care center (D, which was supported by the Plaintiff at the time, submitted an investment plan equivalent to KRW 165 million under the inside facilities of the childcare center). On December 19, 2005, the Plaintiff entered into an entrusted operation contract with respect to the Jeju Market and the instant child care center with the following contents (hereinafter “instant entrustment contract”). The amount of KRW 100 million was paid at the purchase cost of internal facilities such as computers, telephones, tabless, etc.

Article 1 (Purpose) of the consignment contract is to care for the infants before attending school in a sound manner and to support the self-reliance of double-income families.

Article 5 (Period of Entrustment and Infant Care Hours) (1) The period of entrustment shall be three years from the date of the contract, and the period may be extended.

Provided, That at the time of re-contract, there shall be no special defects by re-evaluation of the overall operation.

Article 6 (Conditions for Entrustment) (1) Expenses incurred in the management of facilities and the performance of entrusted projects shall be borne by Section B.

(6) B shall install the internal facilities and equipment necessary for the operation of nursery facilities at the expense of B, as instructed by A.

And the investment amount must be more than KRW 100 million, which is the investment amount presented in the business plan.

(7) At the time of cancellation, Eul shall restore all the equipment and facilities installed at the time of the entrustment agreement to the original state, and shall contribute all the equipment and facilities installed by Eul to Gap.

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