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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On January 18, 2017, the Plaintiff holding a certificate of technical qualification for fire-fighting system managers entered into a contract with the Defendant as follows (hereinafter the instant contract or the instant contract):
Defendant A and Plaintiff B are the following:
Article 1 Employment by Section B as Fire-Fighting Facility Managers
Article 2 (Payment in Contract) A shall pay to B the basic amount of three million won from March on condition of a fire-fighting system manager in equal amount.
(Provided, That 25 days shall be paid). In addition to Article 3, 150,000 won per day shall be added.
Article 4 (Contract Term) (1) The contract document (Evidence A No. 2) written on January 18, 2017 states as “ January 8, 2017.” This appears to be a clerical error in the text of “ January 18, 2017.”
From January 17, 2019 to January 17, 2019.
Article 5 (Duty of Good Faith) shall perform the duties of fire-fighting system managers in good faith in accordance with the direction of A in accordance with the Act on Duties of Fire-Fighting System Managers.
Article 6 (Contract) Contracts shall be concluded on January 18, 2017 and shall enter into force on January 28, 2017, which is the date of the determination of a fire station.
Provided, That payment of KRW 1 million on January 25, 2017 shall be made in KRW 4 million on February 25, 2017.
B. The Defendant, along with the Plaintiff’s certificate of technical qualification, filed an application for registration of fire-fighting system management business with the competent authority and received registration of fire-fighting system management business around February 20, 2017.
C. Meanwhile, on the other hand, the Plaintiff received KRW 1 million from the Defendant on January 25, 2017 under the instant contract, but on February 15, 2017, submitted a resignation notice to the Defendant on the 24th of the same month after he/she expressed his/her intention to resign to the effect that “it cannot be performed due to a lack of conditions.”
3. 15. The content-certified mail expresses his intention to resign on several occasions by delivering the same intention.
[Ground of recognition] The written evidence Nos. 2, 3, 5, Eul Nos. 1, 3, 5, 6, and 7, and the purport of the whole pleadings
2. Determination on the main claim
A. According to the content-certified mail of March 15, 2017, which contained the Plaintiff’s expression of intent to resign, the instant contract is governed by Article 660 of the Civil Act.