서울중앙지방법원 2019.10.10 2019나14669



1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal



1. Basic facts

A. The defendant is a person who purchased the Incheon apartment unit D in 234,100,000 won in the sale price, and the plaintiff was an attorney-at-law belonging to the law firm E.

B. On September 17, 2011, the Defendant entered into a contract to delegate the following cases to Law Firm E (hereinafter “instant delegation contract”).

The main contents of the instant delegation agreement are as follows.

(A) The Defendant is described as “A”, and Article 1 (Scope of Acceptance) “A”, Article 1 (Scope of Acceptance) “A” delegates the following cases to “B”, and the Defendant accepts the following cases:

Provided, That where a power of attorney is to be submitted to a government office, such as the court, A shall award the authority stated in a separate power of attorney to B.

(1) The indication of the case: The scope of acceptance of the case in so-called C case ( such as cancellation and cancellation of a sale contract, compensation for damages, and claim for restitution of unjust enrichment): Article 3 (Remuneration) A of the instant case’s principal lawsuit and preservation lawsuit in the first instance trial shall pay the remuneration and costs of lawsuit to B as follows:

(i) 200,000 won (including value added tax) contingent remuneration;

1.The amount calculated at the following rates, applying differential rates by economic interest value - below 5%: 7% of the economic interest value (including surtax; hereinafter the same shall apply) - The economic interest value is more than 5% but not more than 10%: 8% of the sale price - the economic interest value is more than 10% but not more than 15%: 9% of the sale price - the economic interest value is more than 15%: 10% of the sale price:

2. Time of payment: When money is received.

C. As an attorney at law firm E, the Plaintiff brought a lawsuit on behalf of the buyer of the instant apartment, including the Defendant, and was rendered a partial favorable judgment on February 1, 2013 ordering the payment of the purchase price equivalent to 12% as follows.

(hereinafter referred to as “related litigation”). Case number and case name: the other party, such as the Incheon District Court F, etc. and the return of sale price:

1. G Co., Ltd. (hereinafter “G”).