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(영문) 서울중앙지방법원 2020.01.23 2019가단5191362

약정금

Text

1. The Defendant’s KRW 85,938,160 for the Plaintiff and KRW 6% per annum from September 12, 2018 to January 23, 2020.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) filed a lawsuit against the Defendant for unjust enrichment as the Suwon District Court 2016Gahap73210 (hereinafter “related lawsuit”), and the said court rendered a judgment ordering the Defendant to “the Defendant shall pay C the amount of KRW 1,488,114,311 and the delay damages.”

B. On October 11, 2017, the Defendant filed an appeal (Seoul High Court D), and entered into a delegation agreement with the Plaintiff regarding the instant appellate case (hereinafter “instant delegation agreement”), and agreed on the remuneration as follows.

7.5% of the winning amount at the end of the relevant trial at the time of termination of the relevant trial on the contingent remuneration of KRW 10,000,000 at the time of delegation contract for the retainer payment of the Gu (excluding value added tax)

C. The Plaintiff performed the agency business of the appellate court in accordance with the instant delegation contract, and on September 11, 2018, the said appellate court rendered a judgment that “the part against the Defendant in the judgment of the first instance shall be revoked, and the claim of C corresponding to the revoked portion shall be dismissed.”

(hereinafter “instant judgment”) D.

Accordingly, C appealed to the instant judgment (Supreme Court Decision 2018Da27286), but the said court rendered a judgment dismissing the final appeal, which became final and conclusive as it is, upon which the instant judgment became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the contingent remuneration under the delegation contract of this case to the plaintiff, barring special circumstances.

B. In a case where an agreement is made with the client as to the remuneration for the delegation of litigation by one attorney within the scope of contingent fees, an attorney-at-law who has completed the delegated affairs may claim the full amount of the agreed fees, unless there are special circumstances.