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(영문) 의정부지방법원 2019.02.12 2018나210349
선지급금 반환 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 71,007,752.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. The court's explanation on this part of the basic facts is the same as the statement in the corresponding column of the reasoning of the judgment of the court of first instance, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act

2. Determination on the main claim

A. In full view of the following facts: (a) the Plaintiff paid KRW 10,00,00 on behalf of the Defendant for the aforementioned transaction period, or for the following reasons: (b) the Defendant paid KRW 540,715,405 (= value-added tax of KRW 540,485,80) to the Plaintiff from July 2014 to June 2016; (c) the Plaintiff paid KRW 382,63,320 among them to the Defendant; (d) the Plaintiff paid KRW 10,00,00 on behalf of the Defendant for the aforementioned transaction period; and (e) the Plaintiff paid KRW 10,00,00,000 on behalf of the Plaintiff; and (e) the Defendant paid KRW 7,456,90 as a result of defective payment from the Defendant’s supply to the Plaintiff; and (e) the Defendant’s payment of the Plaintiff’s total amount of KRW 75,60,756,970.

B. According to the above facts, barring any special circumstance, the Defendant, barring any special circumstance, deducted the Plaintiff from advance payment of KRW 210,822,320 and institutional expenses of KRW 10,00,00,00, and the amount of damages caused by bad faith loss of KRW 7,456,90, and KRW 780,615, the amount of damages caused by bad faith loss of KRW 780,615,052,085 (=540,715,405 - KRW 382,63,320), and the remainder of KRW 71,07,752, which is the day following the delivery of a copy of the complaint of this case, were deducted from KRW 10,00,00,00 and KRW 7,456,90, the amount of damages caused by bad faith loss of KRW 780,69,837, and the Defendant’s application for partial correction of the claim is accepted on August 12, 24, 2019.

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