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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Comprehensively taking account of the overall purport of statements and arguments set forth in Gap evidence Nos. 1, 4, and 6 (including branch numbers in the case of household numbers; hereinafter the same shall apply) from December 9, 2005 to August 9, 2007, the plaintiff did not receive KRW 2,500,000 (one month after receipt of a deposit, KRW 3,250,000, and KRW 50,000,000 which are paid 20,000,000 won from February 19, 2006 to October 19, 2007, and KRW 2,50,000 from August 9, 207 (one day after receipt of the deposit).
2. Determination as to the claim for the deposit amount on the nine-day deposit date
A. The fact that the defendant joined four units in the nine-day boundary and received each amount of money from the plaintiff on Jan. 9, 2006, Feb. 1, 2006, and Feb. 9, 2007 from the plaintiff on Feb. 9, 2007 does not conflict between the parties.
According to the above facts, the total amount of wages of nine days that the defendant is liable to pay is KRW 236,750,000 (the details of tax calculation are as follows), and the plaintiff is a person who has received KRW 209,750,000 among them. Thus, barring special circumstances, the defendant is liable to pay the remainder of the total amount of KRW 27,000 (=236,750,000 - 209,750,000) to the plaintiff and damages for delay.
64,250,00 won (2,50,000 won x 3,250,000 won x 19 times) on February 2, 2006: 63,50,000 won (2,50,000 won x 3,250,000 won x 19 times) on February 2, 2006 (2,50,000 won x 3,250,000 won x 18 times) on February 2, 2007: 109,000 won (5,00,000 won x 6,50,000 won x 6,50,000 won x 66,50,000 won) on a total of 236,750,000 won (63,000,000 won)
B. On February 2, 2007, the defendant's defenses 1.18,50,000 won at the time of receiving the guidance money of the previous account on February 2, 2007, however, the defendant's defenses remaining after deducting the unpaid guidance money of the defendant up to that time.