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(영문) 서울중앙지방법원 2018.09.06 2018나13331

약정금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is the owner of C/ C’s land for factory (hereinafter “instant land”) in Sungsung-si, and the ownership of the instant land was transferred to the Mine Moz Co., Ltd. on June 30, 2017, and the electric transmission line installed by the Korea Electric Power Corporation over the instant land is passing through the airspace above the instant land.

B. On October 12, 2010, the Plaintiff, an attorney-at-law, entered into a delegation contract with the Defendant (hereinafter “instant delegation contract”) and filed a lawsuit claiming restitution of unjust enrichment with the Seoul Central District Court 2010Kahap103777 against the Korea Electric Power Corporation (hereinafter “instant prior suit”).

Article 3 (Supplementary Remuneration) (1) When the plaintiff's delegated affairs are fully or partially successful, the defendant shall pay 30% (including interest rate) of the economic profit (including additional tax), as the successful remuneration, and settle with the plaintiff in a way that deducts the litigation costs.

(2) The economic benefits under paragraph (1) shall be the amount entered in the judgment, etc., if a decision is made to mediate or recommend reconciliation, and in cases other than those, if the result of appraisal by the appointed appraiser of a court is completed, it shall be based on the amount of compensation on the appraisal report, if there is any result of appraisal by the appointed appraiser of a court, and in cases where there is no result of appraisal, it shall be the amount calculated by multiplying the amount equivalent to 10%

(3) In principle, the plaintiff receives a judgment from the other party and deducts the litigation costs and contingent fees, etc., and then pays it to the defendant. However, where the other party intends to pay the judgment amount, etc. to the defendant, the defendant shall pay the contingent remuneration and litigation costs to the plaintiff within three days

Article 4 (Formation of Good Faith and Joining Party) After the Plaintiff puts considerable effort for the management of delegated affairs, the Defendant voluntarily waives or recognizes the claim, compromise and withdraw the lawsuit without the Plaintiff’s consent.