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(영문) 서울중앙지방법원 2017.12.14 2017가합503611
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 219,973,340 and the interest rate of KRW 15% per annum from December 20, 2016 to the date of full payment.

Reasons

(c)payment to the Defendant in accordance with the payment criteria;

b) The criteria for, and conditions of, the calculation of special and monthly piece rates are as follows. The amount paid to the Defendant is the amount indicated below, and the Defendant must strictly satisfy and maintain the following requirements and conditions set out by the Plaintiff during the conclusion and payment period of this Agreement. ⅰ) The criteria for, and the date of, the calculation of special piece rates are as follows:

- Calculation Criteria: 100% of the average annual income of the two years immediately preceding the Defendant’s commissioning Contract (based on withholding receipt) - Date: The first allowance payment date after the preparation of a commissioning Contract; ii) the monthly performance rate of the Defendant shall be paid when the Defendant achieved the monthly cumulative performance standard (from the date of registration to the 11th month) as follows. The maximum amount (total monthly performance rate) that the Defendant may receive upon fulfilling all the conditions of monthly performance rate payment shall be 100% of the average annual income of the two years immediately preceding the Defendant’s commissioning Contract. The annual total cumulative performance rate of the first year *4- the “total performance rate of the first year” that the Defendant must achieve during the first year for the receipt of monthly performance rate is as follows: - The annual income = the total annual income of the two years immediately preceding the Defendant’s commissioning Contract / the Defendant shall choose one of the following matters in relation to the guarantee of special performance rate:

i)(i)a surety insurance policy or collateral security for 50 per cent of the special piece rate (50 per cent of the special piece rate).(ii) Where the aforesaid guarantee is not available for 50 per cent of the special piece rate, 50 per cent of the special piece rate shall be paid after two years and three months.

b) The Defendant selects one of the following matters with respect to the guarantee of piece rates per month. (i) A guaranty insurance policy or collateral security is established for 50% of the total monthly piece rates per month.

ii) (where the guarantee for the total monthly piece rate is not available, the payment shall be deferred for one year after commissioning 100% of the initial fee and the management allowance for the first year, and shall be deferred after the first year.

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