채무부존재확인
1.The judgment of the first instance shall be modified as follows:
As to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant), attached Form 1.
1. The reasoning for the court's explanation in this judgment is as stated in the reasoning of the judgment of the first instance except for adding the judgment on the plaintiff's counterclaim, such as Paragraph 2, following the 12th judgment of the first instance court, which is subsequent to the 14th judgment of the first instance court. Thus, this is accepted by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's defense of set-off
A. The plaintiff's assertion, even if the plaintiff bears a debt equivalent to KRW 50,1250,000 and KRW 260,000 against the defendant, the plaintiff's retirement allowance of KRW 101,40,000 against the defendant and damages for delay are offset against the amount on an equal basis by the plaintiff's automatic claim.
B. Determination 1) The Plaintiff was appointed as the Defendant’s auditor on March 31, 200, but resigned on July 31, 2010; the Defendant’s retirement pay to the Plaintiff as of July 31, 2010, based on the Plaintiff’s auditor’s resignation from the Defendant’s audit, was KRW 128,192,050; the Defendant’s retirement pay to the Plaintiff was paid as of July 31, 2010. Here, the amount calculated by deducting KRW 3,438,30, resident tax deposit, KRW 343,830,830, and KRW 2,367,00, and KRW 2,390, the amount of retirement pay to the Plaintiff actually received (i.e., retirement pay of KRW 1228,192,050 - KRW 3,438,30, resident tax deposit deposit - KRW 3430,830,236,00,00.
The fact that there is no dispute between the parties or may be recognized by the statement in the evidence No. 25.
As to this, the Defendant asserted that the Plaintiff paid KRW 101,40,000 among the retirement allowances in installments from September 10, 2010 to June 10, 2014, and that all of the instant retirement allowances were paid by paying KRW 20,642,890 on October 20, 2014, and accordingly, according to each of the items of evidence No. 26-1 to No. 26-47, the Defendant paid KRW 101,40,000 in total to the Plaintiff from September 10, 2010 to June 10, 2014, it can be acknowledged that the Defendant paid KRW 101,40,000 in installments to the Plaintiff.