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(영문) 수원지방법원 2018.02.01 2017나50324
손해배상등
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.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for the dismissal or addition as follows.

2. Parts used or added;

A. The third 19th 19th 19th 19th 19th 19 judgment “10,543,383 won” is “9,413,384 won.”

B. The third-party 20th instance judgment “A” is advanced to “C”.

C. The fifth 16th 16th 16th tier of the judgment of the first instance (i.e., KRW 11,943,382 (i.e., KRW 1,399,999 won, KRW 10,543,383) is the sum of KRW 10,813,383 [The sum of KRW 1,399,99 (Unpaid Benefits)] of KRW 9,413,384 (Unpaid Retirement Benefits)] on which the Plaintiff seeks.

"2,242,602 won" in the fifth 21th 21th e.g., "2,242,60 won" in the first 21th e.g., "2,242,620 won (However, according to the statement in subparagraph 1 of subparagraph 1, the total amount of the employee contributions to be borne by the Plaintiff out of the national pension contributions (=19,000 won 1,358,640 won 2,307,60 won)."

E. The National Pension Act of 6th and 7th of the judgment of the court of first instance is higher than the National Health Insurance Act.

F. The court of first instance held that "it can be seen in light of the facts that can be seen, etc.," of the first instance judgment No. 6, and even according to the records, the defendant did not request the plaintiff to pay the employee's share of national pension contributions, etc.

G. The fourth part of the judgment of the court of first instance regarding “the judgment on the claim for payment of KRW 2.10 million” is dismissed as follows, and the judgment on the Defendant’s assertion is added.

2. Determination as to the claim for KRW 100 million

A. 1) The Defendant agreed to pay KRW 100 million to the Plaintiff between C and C, which constitutes a contract for third parties. Since the Plaintiff expressed its intent to make profits, the Defendant shall pay KRW 100 million to the Plaintiff in accordance with the above agreement.

B. Following the instant conciliation, the Defendant completed the registration of the establishment of a mortgage on the neighboring area of the instant case to the Plaintiff.

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