약정금반환
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff) law firm (LLC)'s counterclaim are all dismissed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiffs and G had disputes, such as investments, dividends, and embezzlement, with respect to the operation of the trading center located in H building in the Nam-gu Incheon Metropolitan City (hereinafter “instant trading center”).
B. Around August 2015, the Plaintiffs and G entered into a delegation agreement with Defendant Corporation (hereinafter “Defendant Corporation”) with the terms of entrusting the handling of “the claim for return of investment, the inspection, copying and copying of accounting books, etc., and the filing of criminal complaint for embezzlement, etc.” (see attached Form; hereinafter “instant delegation agreement”) and payment of KRW 30 million in total (excluding value-added tax) with the retainer amount.
G, Plaintiff C, and B bear 500 million won of the loans owed by the non-party company to the agricultural cooperative in their personal name, and there was a need to acquire the said loans as the obligations of the non-party company.
Around September 2015, Nonparty Company assumed the obligation under the Plaintiffs’ name.
On October 27, 2015, the Defendant Company sent a proposal for contingent remuneration to request the payment of “10% of the contingent remuneration due to the completion of debt acquisition” to G, Plaintiff B and C.
E. On April 18, 2016, the Plaintiffs notified the Defendant Company that the instant delegation contract was terminated, and that it returned the retainer payment to the Defendant Company.
[Reasons for Recognition] Each entry in Gap evidence 1, 5, Eul evidence 2, 8, and 9 (including numbers with different numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Grounds for demanding the principal lawsuit and the counterclaim;
A. The Defendant Company, which is the cause of the principal action, did not perform all the duties specified in the instant delegation agreement.
The instant delegation contract shall be terminated due to the nonperformance of the Defendant corporation and the damages shall be claimed.
Defendant F, a member attorney-at-law of the defendant corporation, is liable for damages under Article 58-11 (1) and (2) of the Attorney-at-Law Act.
B. An attorney-at-law belonging to the defendant corporation who caused the counterclaim.