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(영문) 대전지방법원 2018.01.24 2017나104628
정산금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning of the court’s explanation of this case is as follows, except for the part “4. Conclusion” and the part “an alteration or dismissal” as set forth below, and thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. An alteration or height of a part of the judgment of the court of first instance shall be replaced by “Witness G” in the column of “founded grounds for recognition” in the fourth written judgment of the court of first instance into “ witness G of the court of first instance”

The 5th written judgment of the court of first instance is replaced by the 3rd and 9th evidence, and the 5th written judgment of the court of first instance by the 19th and the 19th testimony of the witness I of the court of first instance.

Part 2 through 7 of the judgment of the first instance shall be amended to the following:

1) The defendant asserts that the deduction based on omitted fees, incentives, CSS management fees, etc. is determined as follows.

Even if the Defendant is obliged to return part of the amount to the Plaintiff, if the Plaintiff deducts the Defendant’s omitted fees, incentives totaling KRW 42,580,000, and CSS management fees, etc. from July 2013 to November 2015, the Defendant does not have any obligation to pay to the Plaintiff.

B) The Plaintiff’s argument is without merit as follows. The Plaintiff’s above deduction is made under an agreement with the Defendant for the purpose of compensating the Defendant for damages to the amount paid by the Plaintiff under the name of “non-person grade,” and the Defendant’s argument is groundless since the Plaintiff paid KRW 530,00,620 per case in September and October 2015 under the name of additional policy. (C) The Plaintiff paid the additional incentives of KRW 10,000 per case to the customer for the alteration of new or equipment kept by the Defendant in C, and there is no dispute over the fact that the Plaintiff paid the settlement amount after deducting KRW 10,000 per incentive from the Defendant on September 7, 2015, 205, and October 2015.

According to subparagraph 4-4-8 and subparagraph 9-9, each entry shall be made on September 2015 and October 2015.

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