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(영문) 서울중앙지방법원 2018.11.30 2018나39180

약정금

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Defendant B is the husband, the other Defendants, the F, and the E’s children.

B. On March 30, 2012, E concluded a litigation delegation agreement with attorneys H with the following content (hereinafter “instant litigation delegation agreement”).

The mandator (A): E mandatary (B). The party E to the Seoul Eastern District Court case, the party E, the other party I, having jurisdiction over the attorney H case, shall conclude a delegation contract concerning the handling of the case in the first instance of the aforementioned display case as follows:

Article 6 (Advanced Payment) (1) A shall pay to B a gold million won (value-added tax separately) at the same time as the delegation contract is concluded.

Article 7 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(2) An amount equivalent to 50% of the value of economic gains acquired in favor of the winning party (excluding value-added tax).

C. On April 20, 2012, an attorney H filed a lawsuit for damages (i.e., damages) with the Seoul Eastern District Court 2012Gadan22021, the Plaintiff as the Plaintiff, and I as the Defendant pursuant to the instant judgment’s delegation contract, and following the extension of the purport of the claim on December 24, 2014, the instant case was transferred to the Seoul East Eastern District Court 2014Gahap11922.

On the other hand, E died while the lawsuit in the above case was pending and took over by Defendants, F, and G. On October 8, 2015, the above court held that “I” means 5,727,272 won to Defendant B, Defendant C, D, and G, as well as 5,72% per annum from May 1, 2009 to October 8, 2015; 20% per annum from the next day to the day of full payment; and 20% per annum from the next day to the day of full payment; 21,951,99 won; 5,727,272 won from May 1, 2009 to the day of full payment; 20% per annum from the next day to October 15, 2010 to the day of full payment; and 3,727,727 won from the next day to the day of full payment.