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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On October 201, the Plaintiff entered into a lease agreement with the Defendant and part of the building owned by the Defendant with a lease deposit of KRW 30 million, monthly rent of KRW 5.2 million (the amount shall be reduced to KRW 4.2 million from August 1, 2013 to July 31, 2014), and a lease agreement with a lease term of two years.
B. According to the terms and conditions of the lease agreement, the Defendant agreed to conduct the automobile repair business in the name of the Defendant’s business operator during the term of the lease, and agreed to pay the Defendant value-added tax, corporate income tax, and four major premiums for the Plaintiff’s employees, imposed on the Defendant following the Defendant’s automobile repair business
그런데 피고는 피고 법인통장으로 매월 입금되는 원고의 수입금액에서 위 특약사항에 따라 원고가 피고에게 지급하기로 한 부가가치세 및 법인소득세, 원고의 직원들에 대한 4대 보험료를 공제한 금액을 지급하여야 함에도 피고가 정산하여 지급한 금액 중 아래에서 보는 바와 같이 과다하게 공제하거나 미지급한 금액 합계 45,545,638원(= ① 6,031,080원+② 3,600,000원+③ 3,000,000원+④ 7,037,314원+⑤ 1,777,362원+⑥ 13,382,232원+⑦ 2,000,000원+⑧ 3,000,000원+⑨ 2,450,000원+⑩ 1,000,000원+⑪ 850,000원+⑫ 1,417,650원. 한편, 원고는 2019. 8. 27.자 청구취지 및 청구원인 정정신청서에서 피고가 반환할 금액이 반환할 금액이 46,373,480원이라고 주장하나, 이는 계산상 오기로 보인다)을 반환하여야 한다.
① The amount of the 4th insurance premium deduction for the Defendant employees KRW 6,031,080, ② The amount of the 3,600,000,000, which was paid by the Defendant to the Defendant out of the amount of the 3,000,000, which was unpaid to the Defendant out of the amount of the 4th insurance premium deduction for the Defendant employees: (a) the unpaid amount of the 7,037,314, which was deducted from the amount of the 7,037,314, which was deducted from the amount of the 4th insurance premium for the Defendant from June 2014 to August 201 of the same year; and (b) the Plaintiff deducted the amount of the 1,777,362, which was deducted from