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(영문) 서울중앙지방법원 2016.10.07 2015가단5385282
채무부존재확인
Text

1. The defendant (Counterclaim plaintiff) and the plaintiff (Counterclaim defendant) A are 3,59,90 won, and the plaintiff (Counterclaim defendant) B are 45,401,990 won and each.

Reasons

. Payment shall be made to the Plaintiff in accordance with the payment criteria.

b) The criteria and conditions for the calculation of special and monthly piece rates are as follows. The amount of piece rates paid to the Plaintiff is the amount indicated below, and the Plaintiff must strictly satisfy and maintain the following requirements and conditions set forth by the Defendant during the conclusion and payment period of this Agreement. ⅰ) The criteria for the calculation of special piece rates and the date of payment are as follows:

- Base for calculation: 10% of the average annual income of the two years immediately preceding the Plaintiff’s commissioning Contract (based on withholding receipts): The first allowance payment date after the preparation of the commission contract: The monthly performance rate of the Plaintiff shall be paid when the Plaintiff has achieved monthly cumulative performance standards (from the date of registration to the date of November) as follows. The maximum amount (total monthly performance rates) that the Plaintiff may receive at the time of fulfilling all the conditions for monthly performance rates shall be 10% of the average annual income of the two years immediately preceding the Defendant’s commissioning Contract. The annual total cumulative performance conditions of the first year * 4- the total annual performance conditions of the first year x the year that the Defendant should achieve for the monthly performance rate x 6% of the previous annual income x 80% of the previous annual income x the previous annual income performance rate of the 8th year x the previous income performance rate of the 5th year x the previous annual income performance rate of the 0th x the previous year x the previous income performance rate of the 10th x the following year.

b) The time of occurrence of the causes for the return of the piece rate rates (the above conditions A and the same.

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