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1. The counterclaim Defendant: 9,496,202 won to the counterclaim and 5% per annum from May 24, 2012 to July 17, 2014.
Reasons
1. The following facts may be acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) each entry in the evidence No. 1; and (c) the fact inquiry results on ELPus Co., Ltd. (E. December 3, 2012).
The counterclaim defendant is a company that is expected to attract the counterclaim and manage the mobile phone and receive the fee, and the counterclaim is a company that opens the mobile phone and settle the attracting fee.
From September 201, to November 2011, the Counterclaim Defendant and the Counterclaim Defendant continued to work and settled the commission on the 16th day of the following month when the monthly sales occur.
B. The Counterclaim Plaintiff paid to the Counterclaim Defendant a fee on September 201 and October 2011.
C. The counterclaim Defendant and the counterclaim agreed to deduct 100,000 won from the commission to be paid to the counterclaim Defendant at the time of filing a complaint with the headquarters call center on the grounds of the non-performance of the service or the promise of the counterclaim. D. The counterclaim Defendant and the counterclaim agreed to deduct 320,000 won from the commission to be paid to the counterclaim Defendant.
From November 1, 201 to March 20, 2012, a person who has filed a complaint or telephone at the ELPus head office among customers attracting by the counter defendant and the number of times thereof are as shown in the attached Table.
2. The assertion and judgment of the counterclaim and the counterclaim defendant as to the cause of counterclaim
A. The counterclaim and the counterclaim Defendant’s assertion that the counterclaim Defendant paid to the counterclaim Defendant a total amount of the settlement amount on September and October, 2011, and the details of the settlement between November 1, 2011 and March 20, 2012, the counterclaim Defendant notified the counterclaim Defendant to the effect that KRW 11,793,912 should be returned to the counterclaim (Evidence 2-1).
However, among the notification details, the amount of KRW 9,080,000 in the LG civil petition deduction was estimated and increased to KRW 21,460,000, and the amount of KRW 9,025,548 in the LGK payment and the collection of fees was reduced to KRW 7,987838, and the counterclaim Defendant should return KRW 23,136,202 to the Counterclaim Plaintiff.
On this issue, the counterclaim defendant, ..