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(영문) 의정부지방법원 2020.09.08 2019나207616
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

The Plaintiff, around January 201, 201, entered into a non-destructive testing service subcontract agreement with the Defendant (the terms that the Defendant again requested the Plaintiff to provide inspection services as requested by the customer, and that the Defendant shall pay the Plaintiff the amount after deducting royalties, etc. from the price that the Defendant received from the customer). The Plaintiff and the Defendant entered into an agreement (AA) signed on April 23, 2012, in which the royalties to be deducted are 4% of the sales amount, there is no dispute between them.

The plaintiff asserts that the defendant should return the amount corresponding to 6% as settlement money, since the defendant deducteds 10% of the royalties from the 1, 2013 major pipelines thickness measuring works with respect to major pipelines 1, 2013.

In the event that the defendant entered into a contract with the applicant with the applicant, the deduction fee shall be 4%, but if the contract was entered into with the applicant himself/herself, the deduction fee shall be 10%, so the claim of the plaintiff shall not be accepted.

In the agreement (A) signed by the Plaintiff and the Defendant on April 23, 2012, there is no difference as claimed by the Defendant in the royalties to be deducted, and in light of the importance of the royalties to be deducted, the Defendant’s assertion that such difference is a natural matter understood verbally cannot be accepted.

Therefore, the defendant is obligated to pay to the plaintiff 5,631,123 won which is equivalent to 6% per annum and damages for delay after January 5, 2019, on the day following the delivery of a copy of the complaint.

2. The Defendant asserts that a set-off has a claim on reimbursement of litigation costs of KRW 2,723,477 against the Plaintiff according to the Jung-gu District Court Order 2018Kaba10476 dated January 15, 2019 (determined on January 29, 2019) and that the claim is set-off against the Plaintiff.

Therefore, the defendant should return to the plaintiff KRW 2,907,646 ( KRW 5,631,123 - KRW 2,723,477).

3. The Plaintiff’s claim for the conclusion must be accepted within the extent set forth earlier.

The judgment of the first instance that rejected all of the plaintiff's claims cannot be maintained as it is, and part of the plaintiff's appeal.

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