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1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly and severally filed against the Plaintiff (Counterclaim Defendant) KRW 4,396,168 and the Defendant B against this.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff obtained permission to use State-owned property from the Ministry of National Defense for the period of use from January 1, 2016 to December 31, 2020, by participating in the open bid of the Ministry of National Defense with respect to the 1st underground floor in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant branch”).
B. On January 11, 2016, Defendant B drafted a letter of confirmation of the facts as follows; on February 24, 2016, the Plaintiff and the branch office of this case entered into an employment and operation agreement with the following contents (hereinafter “instant operational agreement”); Defendant C jointly and severally guaranteed the obligation owed by Defendant B to the Plaintiff pursuant to the above agreement and each letter.
In order to operate a place of business (branch) to be operated by a supplier in the way of an independent accounting system, A (branch) and B (branch head) of the instant Operating Convention Co., Ltd. shall enter into an employment agreement for a branch manager under the “place of business (branch) management service contract” as follows:
Article 1 (Purpose of Blanket Matters)
1. A (hereinafter referred to as “A”) shall appoint B (hereinafter referred to as “B”) to “the head of the place of management and operation” of “E” (branch) and enter into an agreement on matters concerning the operation and management services of the said place of business, and both A and B shall be faithfully implemented.
2. Eul shall confirm and implement, without framework, the fact that the said workplace is absolutely inappropriate for the entrusted operation, sub-lease, or partial lease to a third party as State property, and shall enter into an agreement on the operation of branch management services.
Article 14 (Payment of Taxes and Public Charges)
2. The order of priority in using the amount of spot sales shall be the company management fees, value-added taxes and public charges, etc. first use them, and shall approve to withdraw the amount of money directly from the head office to use it at the head office and use the remainder at the branch office;
Article 1 of the Statement of Execution of Confirmation of Facts (Contract Period) The period of operation agreement at the above workplace shall be permitted to use state property.