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(영문) 대전지방법원 2015.06.16 2014가단10875

정산금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

In addition to the purport of the argument as to the evidence No. 1-1-2 of the Daejeon District Court 2012Gahap10071 case and the defendant on July 13, 2012, the plaintiff and the defendant filed a lawsuit of this case seeking payment of the above money on the ground that the defendant is obligated to pay 64,853,670 won out of the refund amount upon the revocation of the imposition of the penalty surcharge against the plaintiff as part of the settlement amount. The purport of the lawsuit of this case was modified to seek payment of KRW 71,281,195 out of the subsequent settlement amount. The plaintiff received 44,642,840 won from the defendant during the proceeding of the lawsuit of this case, and the defendant received 69,660,172 won from the defendant to deposit the remaining settlement amount in full.

According to the above facts of recognition, the defendant's obligation to pay the settlement payment based on the above conciliation to the plaintiff was extinguished by repayment.

Therefore, the plaintiff's claim of this case is dismissed for reasons.