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(영문) 의정부지방법원 2015.04.24 2015가단1109

수임료 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 8,312,50,00 and KRW 5,000 among them, from March 31, 2014, and KRW 3,312.

Reasons

1. Facts of recognition;

A. On March 27, 2014, the Plaintiff, an attorney-at-law, entered into an agreement with the Defendants to commission the Plaintiff to file a lawsuit claiming real estate consulting costs (hereinafter “instant delegation agreement”). The main contents of the instant delegation agreement are as follows.

- Prepaid money: 5,00,000 won and expenses: stamp charge, service charge, expenses for record keeping, verification and appraisal expenses, daily allowance for witness, travel expenses, travel expenses, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be claimed at the time of repayment of the debtor's separate expenses.

- contingent remuneration: Where the entrusted affairs are successful, the contingent remuneration shall be paid immediately in accordance with the following classification:

- 15% of the success fee in the case of partial winnings - 15% of the success fee in the case of full winnings

B. Under the instant delegation contract, the Plaintiff filed a lawsuit against D regarding real estate consulting costs (this Court Decision 2014Da11338, 2014Gahap2898, 2014Gahap2898). While expanding the purport of the claim during the instant lawsuit to claim for payment of KRW 150,000,000, the Plaintiff additionally posted KRW 312,500.

On October 7, 2014, this Court rendered a judgment that the Defendant B Company rendered a favorable judgment in full.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, purport of whole pleadings

2. Under the instant delegation contract, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 22,500,000 with the retainers and the contingent fees of KRW 5,00,000 (the lawsuit in the instant case 2014hap2898 was KRW 150,00,000 x 15%) and the stamp costs of KRW 312,50 with the remainder.

3. The Defendants’ assertion to the effect that the amount of fees is excessive by asserting that the attorney fees, etc. should be determined according to the results of the appellate judgment in the instant case, and the Defendants’ assertion is also asserted.