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(영문) 서울중앙지방법원 2015.11.20 2014가단261681

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 70,325,069 and the interest rate of KRW 36.5% per annum from December 4, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 10, 2010, the Plaintiff entered into a contract on the delegation of a lawsuit between the Defendant and Hanho Construction Co., Ltd. (hereinafter “instant lawsuit”) with respect to the instant case of the first instance court (the case of defect repair in apartment buildings; hereinafter “instant case”), and agreed on the contingent remuneration as follows.

Article 4 (Agreement on Acceptance of Official Gazette) (1) When the plaintiff's delegated affairs are fully or partially successful, the defendant shall pay 10% of the economic benefits (including interest) as contingent remuneration.

(2) The defendant shall pay the plaintiff contingent remuneration within five days from the date of receiving provisional execution money, judgment money, etc. from Hanho Construction Co., Ltd.

(3) Where the defendant fails to pay the contingent remuneration, 1/100 of the amount equivalent to the adjudication fee shall be paid as compensation for delay based on a day.

Article 4 (1) of the Agreement shall be paid 10% of economic profits (excluding value-added tax) as contingent remuneration if the plaintiff's delegated affairs are fully or partially successful.

B. On August 24, 2012, the Plaintiff received a favorable judgment on behalf of the Plaintiff that “Korea Hoho Construction Co., Ltd. shall pay KRW 473,139,996 to the Defendant and delay damages therefor,” and the said lawsuit was finalized by the Supreme Court on August 20, 2014.

C. On November 28, 2014, the Defendant received KRW 699,145,369 of the principal and interest of the judgment from Hanho Construction Co., Ltd., and paid KRW 6,580,920 as the contingent fee to the Plaintiff.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the agreement on delegation of a lawsuit concerning the instant lawsuit, the Plaintiff calculated the principal and interest of the judgment that the Defendant received to the Plaintiff at the rate of 365% per annum from December 3, 2014 to the date of full payment of the principal and interest of the judgment (including value-added tax) and damages for delay calculated by the Defendant at the rate of 11% per annum from December 3, 2014 to the date of full payment of the principal and interest of the judgment.