beta
(영문) 서울중앙지방법원 2017.10.27 2016가단5312960

약정금

Text

1. The Defendant’s KRW 42,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 6, 2017 to October 27, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a legal adviser agreement with the Defendant on June 29, 2015. (2) The Defendant paid advisory fees to the Plaintiff from July 1, 2015 to November 1, 2016.

B. Around June 2014, the Plaintiff entered into a delegation contract with the Defendant and the former representative director C on a claim suit, such as return of unjust enrichment (excluding value-added tax) and return of unjust enrichment, and submitted a letter of delegation to the Seoul Central District Court. On July 2014, 2014, the Plaintiff entered into a delegation contract with the president of the Seoul Central District Court, and submitted a letter of delegation to the Plaintiff. 2) On November 10, 2014, the Defendant paid the Plaintiff KRW 5 million (value-added tax separate) for the commencement fee.

3) On December 1, 2016, the said court rendered a judgment ordering the payment of KRW 270,000,000 and damages for delay thereof to Dasung L&D Co., Ltd and C. (C). (1) around October 2014, the Plaintiff entered into a delegation contract with the Seoul Eastern District Court (Seoul East District Court Decision 2015Gahap101298) on the claim of restitution, etc. of unjust enrichment against the Defendant and the former representative director C, with a fee of KRW 5,00,000,000 ( separate value added tax) and 10% of the economic interest of the contingent fees, and submitted a letter of delegation of a lawsuit with the president of the Seoul East District Court on January 30, 2015.

2) On November 10, 2014, the Defendant paid KRW 5 million (excluding value-added tax) to the Plaintiff. 3) On October 19, 2016, the said court rendered a judgment ordering the Plaintiff to pay KRW 940,000,000 to C and its delay damages.

On May 2015, the Plaintiff filed a complaint against the violation of the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation, etc.) (Misappropriation, etc.) with the Defendant and C of Violation of the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation of Trust).