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(영문) 서울고등법원 2015.05.14 2014나28901
약정금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

The court's explanation of this case is citing the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, because it is the same as the reasoning of the judgment of the court of first instance,

The following shall be added to the 7th judgment of the first instance court in the changed part:

[On the other hand, the defendant argued that the amount of KRW 37,65,823 paid by the defendant to Libers Co., Ltd., and KRW 10,00,000 of the lease deposit in the previous office and KRW 52,77,827 of the lease deposit in the previous office should be settled as the remaining collection compensation of insurance solicitors belonging to S branch, and that the amount of KRW 5,112,00,827 should be settled.The first instance court's decision No. 7, 71,827 is amended as follows.

【A) As to the amount of the settlement of accounts first, while the Plaintiff paid the amount as the amount of the settlement of accounts by the Defendant to Lends Co., Ltd. on behalf of the Plaintiff, the Plaintiff and the Defendant agreed to pay the amount of the settlement by deducting the amount of KRW 961,336 from the fee to be paid by the Defendant every month and the amount of KRW 961,336 from the fee to be paid by the Plaintiff for 24 months, in full view of the overall purport of the entries and arguments as set forth in the evidence No. 4-1 through 6 of the evidence No. 4, and No. 5 of the evidence No. 5, the Plaintiff and the Defendant agreed to pay the amount of the settlement of accounts for 24 months

B. Next, the Plaintiff is obligated to pay the above money to the Defendant by examining the interest and policy cost on the lease deposit of the S branch office, Eul evidence 3-1 to 8, Eul evidence 4, Eul evidence 15-1 to 4, Eul evidence 17-1, Eul evidence 17-2, and Eul witness 17-3, and testimony of U witness of the trial alone. If the contractual relationship between the Plaintiff and the Defendant is terminated, the Plaintiff agreed to return the above money to the Defendant.

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