(영문) 수원지방법원안양지원 2017.12.15 2017가단7734

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(영문) 수원지방법원안양지원 2017.12.15 2017가단7734

약정금

Text

1. The Defendant’s annual interest in KRW 86,860,00 and each of the above amounts to the Plaintiffs from June 1, 2017 to December 15, 2017.

Reasons

1. Basic facts

A. The plaintiffs jointly operate dental laboratories with the trade name of Dental clinic, and the defendant was a person who operates dental laboratories with the request of the plaintiffs from June 2007.

B. On April 5, 2016, the Plaintiffs and the Defendant drafted a written agreement on the return of official fees and dental fees with the following contents (hereinafter “instant agreement”).

In March 2016, Gap (the plaintiff) came to know of the fact that the claim filed by Eul (the defendant) was false, and Eul recognized the claim.

Accordingly, the agreement shall be reached as follows: (a) A. B. The case of excessive claims for dental technicians, with the details of the transactions between them, agrees to return the official fees excessively claimed and paid, as follows:

1. The amount of official fees for filing a claim for excessive payment from January to February 2016: 1,0260,000 won shall be deposited into A bank account until April 15, 2016.

2. Amount of official fees claimed in excess of the amount of January, 2013 to December, 2014: 12,477,000 won.

6. 14. By no later than 14.

3. The excessive claim in 2007 to 2012 is notified by Gap to Eul, and Eul to deposit it into the said account within the date set by Gap.

B. A and B agree to compensate for excessive claims for dental fees, as they do not have accurate data, for the following:

2. 4,02.10,000 won, calculated by using the purchase data, shall be refunded to A 4,02.10,000 won, from the aggregate amount equivalent to 50% of the purchase volume of gold bullion A.

3. 13,3510,000 won, calculated by using data for purchase, shall be refunded to A the amount equivalent to 60% of the purchase volume of chip A for radars.

4.The total amount of the refund of the gold in excess shall be as follows:

13,3510,000 won = 4,0210 won = 17,3720,000 won

C. From April 8, 2016 to the Plaintiffs, the Defendant

7. Until December 29, 200 2,2740,000 in total as the name of dental technicians.

유사 판례

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