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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasons why this court shall state this part of the facts are identical to the corresponding part of the judgment of the first instance, except for the deletion of the part of “the plaintiff, as above, entered into a direct contract with the defendant for boarding and operating service with the defendant, and entrusted the above service to the welfare group,” and this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the plaintiff's assertion
A. For the following reasons, the Defendant’s rescission of the instant boarding service contract is unlawful, and there is no obligation to pay the Plaintiff’s contract bond to the Defendant.
1) As the Plaintiff directly performed the instant boarding service without being entrusted to the welfare group, it cannot be deemed that the Plaintiff did not perform its duty under the instant boarding service contract, or committed unlawful acts interfering with normal contract management under Article 29(1)5 of the General Conditions of the service contract. 2) Even if the instant boarding service was performed by the welfare group, the welfare group was actually subordinate organization of the Plaintiff, and the Defendant also knew of the fact that the instant boarding service was performed, and thus, it cannot be deemed that the Plaintiff committed unlawful acts interfering with normal contract management.
B. Even if the Plaintiff’s obligation to pay the contract deposit against the Defendant exists, in the instant case, the Defendant’s contract bond to be reverted to the National Treasury should be reduced because the predetermined amount of damages is unreasonable.
3. Article 39(3) of the Act on the Management of Public Institutions provides that “A. Article 39(3) of the Act on the Management of Public Institutions shall apply to the grounds for this part of the contract bond, except in cases where the following is stated or added.”