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(영문) 의정부지방법원 2014.11.07 2014나5457
약정금
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The plaintiff's assertion as a certified judicial scrivener who prepared and submitted the documents indicated below according to the delegation by the defendant. The plaintiff's assertion is 10,89,916 won as stated in the [Plaintiff's assertion] column of the same Table.

However, since the defendant paid only KRW 9,200,000 out of the above remuneration, it is obligated to pay the plaintiff the unpaid remuneration of KRW 1,69,916 and the delay damages.

B. The Defendant’s assertion that only delegated the Plaintiff the duties indicated in the sequence 1 to 4, 7, 8, and 9 among the duties indicated in the table below, and the remuneration therefrom is merely KRW 7,385,921 as indicated in the [Defendant’s assertion] column.

Therefore, the Plaintiff is obligated to return the fee of KRW 1,814,179 ( KRW 9,200,000 - KRW 7,385,921) that the Plaintiff received excessively to the Defendant.

[mark] Preparation and submission of an application form for order for payment of 10,00 won for the plaintiff's assertion Nos. 140,000 won for the revenue stamps 25,520 won for the 32,000 won for the revenue stamps 140,000 won for the travel expenses, 80,000 won per day for the travel expenses, 30,000 won for the debtor's address correction (such as filing an application for issuance of a certified copy of a resident registration and submission fees, vicarious submission fees, travel expenses and daily allowances), 30,000 won for the delivery of 30,000 won for the 30,520 won for the revenue stamps 32,000 won for the revenue stamps 25,000 won for the delivery of 30,000 won for the revenue stamps and 40,000 won for the delivery of 30,000 won for the travel expenses, 30,000 won for the delivery of 20, 3614,208

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